N. MANJUNATH Vs. K.V. NAVEEN KUMAR

JUDGEMENT

(1.) HEARD Sri Aditya S. Kumar, learned counsel appearing for the petitioner. Perused the records.

(2.) PETITIONER has invoked extraordinary jurisdiction of this Court viz., Section 482 of Cr.P.C. and is seeking for quashing of order dated 07.05.2015 passed by the XVIII Additional Chief Metropolitan Magistrate, Bangalore, where under application filed by the petitioner under Section 45 of the Indian Evidence Act Annexure -G came to be dismissed.

(3.) PETITIONER is an accused in CC No. 12068/2013 and is facing criminal charges before the jurisdictional Court, which proceedings have been initiated by the respondent -complainant under Section 200 Cr.P.C alleging petitioner herein has committed an offence punishable under Section 138 of Negotiable Instruments Act, 1881. It has been contended in the complaint that petitioner/accused is known to complainant and had borrowed a sum of Rs. 3,50,000/ - in the month of February 2012, to meet expenses of marriage and had assured the complainant to repay the amount borrowed within two months. On default of such promise, a cheque for Rs. 3,50,000/ - is said to have been issued and when presented for collection by complainant it came to be dishonored by the drawees' Bank for want of funds. Hence, respondent herein has sought for petitioner -accused being tried for offence punishable under Section 138 of Negotiable Instruments Act.