SHANTAPPA Vs. SUBHAS MARIKALLAPPA PAGAD

JUDGEMENT

(1.) IN these two petitions, the petitioners sought for quashing of the proceedings pending before the J.M.F.C. II Court, Hubli, in C.C. No.779/2012 and 780/2012.

(2.) THE brief factual matrix that emanate from the record are that, the respondents in the above said cases who are the joint owners of their joint family properties decided to sell their share in favour of the petitioners herein. Accordingly, they have entered into a contract.

(3.) THE learned Counsel for the petitioners strenuously contends that the cheques were not dishonoured because of insufficiency of funds, but because of the intimation given by the petitioners for stop payment on the ground that the dispute arose between the parties and the respondents have played fraud on the petitioners and also the respondents have objected for change of khatha into the name of the petitioners. Therefore, he contends that the matter is purely civil in nature and they cannot proceed to present the cheques and file a complaint against the petitioners.