BABURAO CHINCHANASUR Vs. ANJANA A. SHANTHAVEER

JUDGEMENT

(1.) For the second time, the Petitioner's has approached this Court challenging the order passed by the XV ACMM, Bengaluru taking cognizance of the offence punishable under section 138 of N.I. Act and for issuing summons to the Petitioner's. The earlier petition filed by the very same Petitioner's under section 482, Crimial P.C. was disposed of by this Court in Crl.P.No.7269/2015 and the order of taking cognizance and issuance of summons by the learned Magistrate was set aside and the learned Magistrate was directed to take steps in accordance with law as if the complaint has only now been received and it was left to the Magistrate to take further steps in accordance with law.

(2.) The circumstances leading to the orders are as follows:

(3.) The Petitioner's placed reliance on the decision of the Honourable Supreme Court in the case of Udai Shankar Awasthi Vs. State of U.P. and others reported in 2013(2) SCC 435. As the Petitioner's was shown to be a permanent resident of Gulbarga, this Court held that it was incumbent on the learned Magistrate to follow the mandatory requirement under Sec. 202, Cr.P.C and accordingly, by setting aside the order taking cognizance, the learned Magistrate was directed to take further steps in accordance with law.