RAGHAV HEGDE Vs. SURESHLAL HIRALAL HUF

JUDGEMENT

(1.) The petitioners are before this Court calling in question proceedings in C.C.No.2715/2020 registered for the offence punishable under Sec. 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as 'Act' for short).

(2.) Heard Sri. N.K.Dilip, learned counsel appearing for the petitioners and Smt. Lakshmi Menon, learned counsel appearing for the respondent.

(3.) Facts in brief germane are as follows: One Sivan and Company, a sole proprietorship of one Sri. V.G.Siddartha, was engaged in the business of trading of shares. It transpires that the respondent / complainant and the sole proprietor had transactions amongst themselves and the transactions leads to issuance of certain cheques by the said sole proprietor in favour of the respondent. Two of such cheques were honoured, and the other three of the cheques were kept to be presented. In the interregnum, the sole proprietor dies. On the death of the sole proprietor, the cheques that were presented and dishonoured were sought to be proceeded against by registering a crime against the petitioners. The concerned Court takes cognizance of the offence and issues summons to the petitioners, it is then the petitioners knock at the doors of this Court in the subject petition.