R. LAKSHMINARASIMHA Vs. GOUTHAMCHAND

JUDGEMENT

(1.) THE petitioner is facing trial in a complaint filed by the respondent, under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). According to the petitioner, the criminal complaint is not maintainable and no such proceeding could be launched against him. This petition was filed under S. 482 of Cr.P.C., seeking quashing of the entire proceeding in C.C. No. 9562/2012 pending on the file of the XV ACMM, Bengaluru.

(2.) BACKGROUND facts, sans unnecessary details are as under:

(3.) THE learned advocate for the respondent, on the other hand, submitted that the two decisions of the Apex Court on which petitioner relied upon, being not good law, on account of the authoritative pronouncement by the Apex Court in MSR Leathers v. S. Palaniappan, : (2013) 1 SCC 177, this petition is liable to be dismissed.