T RAGHAVENDRA Vs. VEERAPPA

JUDGEMENT

(1.) The petitioner is seeking quashing of proceedings in C.C.No.84/2013 pending before Senior Civil Judge and JMFC, Mudhol. Petitioner is the accused in the said case. He is being prosecuted in the said case for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'), on the basis of the complaint filed by the respondent.

(2.) Petitioner is the Director of Alpine Wineries India Pvt. Ltd. The complainant-Veerappa was the Managing Director of Elite Vintage Winery India Pvt. Ltd. Both the companies were in mutual purchase and sale of some materials of their companies.

(3.) It was alleged that two cheques issued by Alpine Wineries India Pvt. Ltd for a sum of Rs. 17,00,000/- each drawn on Jammu & Kashmir Bank Ltd., Bangalore in favour of the complainant, when presented for realization were returned with an endorsement "stop payment by the drawer". It was alleged that the accused/ petitioner with an intention to cheat the complainant has issued the cheques.