SIDDABASAPPA Vs. G. MUIYAPPA

JUDGEMENT

(1.) THIS petition is filed seeking to quash the proceedings in C.C. No. 919/2011 arising out of private complaint No. 37/2011, pending on the file of Addl. JMFC -III Court at Raichur, which is filed for an offence under Section 138 of Negotiable Instrument Act against the petitioner.

(2.) IT is the case of the respondent -complainant that the petitioner has issued a cheque for Rs. 11,00,000/ - and the cheque when presented for payment has been dishonored for 'insufficiency of funds'. Thereafter a notice under Section 138 of N.I. Act was issued to the petitioner by the counsel for the respondent and after the lapse of statutory period he has filed the private complaint before the Court seeking an action under Section 138 of N.I. Act.

(3.) LEARNED counsel for the respondent submits that all the ingredients of offence under Section 138 of N.I. Act have been complied by the complainant and that it is averred in the complaint that for re -payment of loan availed by the petitioner from the, complainant, cheque has been drawn by the petitioner. He also submits that so far as the identity of petitioner is concerned, he is required to prove the case before the trial Court during evidence. He also submits that the dispute in signature is a matter of fact, which has to be decided by the trial Court by sending the same to an expert. Hence, he submits that this petition may be dismissed.