V. JAGADISH BATHIJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are before this Court calling in question registration of Crime in Crime No.70 of 2023 for offences punishable under Ss. 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

(2.) Heard Sri P.P. Hegde, learned Counsel appearing for the petitioners and learned High Court Government Pleader for the State. Respondent No.2-Complainant though served, remains unrepresented.

(3.) Sans details, facts in brief, are as follows: Petitioners are the owners of a premises located in Flat No.42, Tower-6, Pebble Bay, No.74, 1st Main Road, RMV 2nd Stage, Dollars Colony, Bangalore - 560 094. Petitioners desirous of letting the said premises on rent and the second respondent - complainant desirous of taking the premises on rent enter into a rental agreement on 21/6/2018, per month for usage of the said premises and Rs.16,461.00 as maintenance directly payable to the Pebble Bay Owners' Association. A security deposit of Rs.10.00 lakhs was paid to the petitioners to be returned interest free. It transpires that towards the Rs.10.00 lakhs security deposit, two cheques were handed over by the complainant one for Rs.3.00 lakhs and another for Rs.7.00 lakhs. The second cheque was dishonoured for want of sufficient funds. The petitioners then register a complaint against the complainant for offences punishable under Sec. 138 of the Negotiable Instruments Act, 1881. The said case is pending in C.C.no.315/2019.