LMJ INTERNATIONAL LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE facts and circumstance leading to these two petitions are one and the same and both these petitions arise out of one incident of the petitioners' company issuing a cheque for an amount of Rs. 10 lakhs to the 2nd respondent and as the cheque was dishonoured and returned to the 2nd respondent with an endorsement that the drawer had given instruction to the Bank for stop payment of the cheque, the said event led to two complaints being filed by the 2nd respondent before the JMFC Court at Somwarpet.

(2.) THE Private Complaint No. 22/02 was filed alleging that the petitioners herein had committed an offence of criminal breach of trust and pursuant to the said complaint lodged, the trial Court directed the psi, Kushalnagar to investigate and submit a report as per Section 156 (3) of the Cr. P. C for offences punishable under Sections 418, 420 and 406 of the I. P. C. The very same incident of the cheque are being dishonoured also led to another complaint being filed by the 2nd respondent in Private Complaint No. 133/01 and in the said complaint, it was alleged that the petitioners herein had committed offences punishable under Sections 138 and 142 of the N. I. Act and under section 420 of the I. P. C. The trial Court registered the case on the basis of this complaint and an order of issuance of process to the petitioners had been passed. The said orders of the trial Court namely directing the police to investigate under Section 156 (3) of the Cr. P. C. and the F. I. R. registered in Crime No. 180/02 against the petitioners. Pursuant to P. C. No. 22/02 as well as the P. C. No. 133/01 are called in question in these two petitions.

(3.) I have heard Sri. Paras Jain, learned Counsel for the petitioners, Sri. T. A. Karumbaiah, learned Counsel for the 2nd respondent and Sri. Honnappa, learned HCGP for the 1st respondent/ State.