HEMALATHA RAMESH Vs. H N MUDDU KRISHNA

JUDGEMENT

(1.) THESE petitions have been filed by the accused under S. 482 Cr. P. C. to set aside the order dated 13-8-1996 passed by the IX Additional C. M. M. , Bangalore in C. C. No. 20925 to 20933/1996 ordering registration of the case against the petitioner/accused person for the offence punishable under S. 138 of the Negotiable Instruments Act ('the Act' for short ).

(2.) HEARD the learned counsel for the petitioner/accused and the learned counsel for the respondent/complainant in all the cases.

(3.) BRIEFLY stated the facts of the cases are that the petitioner issued cheque in favour of the respondent which came to be dishonoured when presented before the Bank and the petitioner has not chosen to pay the amount. The respondent filed private complaint before the IX Additional Chief Metropolitan Magistrate, Bangalore City. The learned Magistrate, presumably after taking the congnizance of the offence, recorded the sworn statement of the complainant and directed registration of the case for the offence under S. 138 of the Act. The petitioner moved the learned Sessions Judge, Bangalore invoking his revisional jurisdiction and the learned Sessions Judge did not choose to interfere with the order passed on 25-2-1997 and hence the present petitions have been filed to set aside the order passed by the IX Addl. CMM, on 13-8-1996.