NAGARAJ GUPTA Vs. R MARUTHI PRASAD

JUDGEMENT

(1.) THE present petition is filed seeking for quashing of the entire proceedings pending before the Prl. Civil Judge & J.M.F.C., Gangavathi in C. C. No. 203/2013.

(2.) HEARD learned counsel for the petitioner. Perused the records.

(3.) THE learned counsel for petitioner strenuously contended that a complaint has been lodged by respondent - complainant herein for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act" for brevity). Learned Magistrate has taken cognizance, which is contrary to the materials on record. It is also submitted that the respondent though alleged to have been issued notice, but that has not been served on petitioner. The learned counsel for petitioner also submits that blank cheque has been mis -utilised by respondent herein. It is also argued that in the legal notice it has been stated by respondent that, as the cheque was issued as a security, it cannot be presented and no case can be filed under Section 138 of N.I. Act. I have carefully perused the materials on record. As per the complaint averments the respondent - complainant has filed a complaint under Section 200 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr. P. C." for brevity), mentioning that the petitioner -accused has taken a hand loan of Rs. 6,50,000/ - on 28.11.2012 and for repayment of the same he has issued a cheque dated 20.02.2013. After presentation of the same, it came to be dishonoured with an endorsement "Funds Insufficient". Even after issuance of legal notice he has not repaid the same. Hence he has filed a complaint. On perusal of the materials on record and on going through the complaint averments and also the sworn statement of complainant, the Magistrate has come to a conclusion that a prima facie case has been made out against the accused, and registered a case against petitioner -accused for an offence punishable under Section 138 of N.I. Act.