MOHAMMED SAMDANI BASHA Vs. SYED ISSAC BASHA

JUDGEMENT

(1.) AS the petitioner and the respondent are common to all the petitions herein, they are being disposed of by this common order.

(2.) THE complaint filed by one Syed Issac Basha under Section 200 of the Cr. P. C. against the petitioner herein in connection with dishonour of cheques issued on behalf of the petitioner led to cognizance being taken for an offence under Section 138 of the Negotiable Instruments Act and consequent issue of summons to the petitioner is the cause for filing Crl. P. No. 3054/2005 under Section 482 of the Cr. P. C. Likewise, the two other criminal petitions are in respect of the complaints filed in the aforesaid manner and thus, the prayer is to quash the proceedings in c. C. Nos. 26028, 26029 and 26030/2005 respectively, pending on the file of the XIV Addl. C. M. M. , bangalore.

(3.) SO far as Crl. P. No. 3054/2005 is concerned, the respondent complainant's case before the court below was, in short, to the effect that the petitioner herein requested the respondent to construct a house in Bangalore as the petitioner was away at Riyadh. In connection with the said house construction, the petitioner availed loan from the respondent herein and issued two cheques in the month of January 2004, drawn on Indian Bank, Thippasandra Branch for rs. 22,000/- and Rs. 2,50,000/- respectively and the cheques in question were issued on behalf of the petitioner by his authorized signatory. The said two cheques were dated 10. 1. 2004 and 20. 2. 2004 respectively. When the said cheques were presented on 28. 3. 2004, they were returned with a memo to the effect that there was insufficient fund and drawer's authority to operate the account had not been received.