ASHOK HEGDE Vs. JATHIN V ATTAWAN

JUDGEMENT

(1.) This petition is filed under Section 482, Cr. P.C. to quash the proceedings pending against the petitioner in C.C. No. 13178/90 (P.C. 71/89) on the file of the III Addl. Munsiff and JMFC., M'lore. D. K.

(2.) The brief facts of the case are (sic) (that) the respondent filed a complaint under Section 200 Cr. P.C. on the allegation that the petr. issued a cheque in a sum of Rs. 83,894/- towards repayment of the amount due to the respondent. The said cheque is dt. 31-7-1989. The respondent presented the cheque to the bank but the same was dishonoured by the bank with an endorsement 'stopped payment'. Thereafter, on 13-9-1989 the respondent got issued a legal notice to the petitioner. The said legal notice was returned unserved with a postal share that 'addressee refused'. Hence, the complaint was filed on 27-9-1989 before the Court. The learned Magistrate after taking cognizance of the offence directed to issue process. The said order is questioned in this case.

(3.) Heard the learned counsel for petr. Though notice was served on the respondent, he did not choose to appear or appoint a counsel.