K C RAVINDRANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner in Crl.P.No. 3986/2006 has come up with this petition challenging the order dated 31-7-2003 passed in C.C.No. 12011/2003 taking cognizance and directing registration of a case against the petitioner for the offence punishable under Section 420, 468 & 471 of IPC and to quash the entire proceedings initiated against him.

(2.) THE appellant in Crl.A.No. 1709/2007 has sough to set aside the judgment dated 22/9/2007 passed by the XXXVI Addl. City Civil & Sessions Judge, Bangalore in Crl.A.No. 1238/2006 and confirm the order of conviction and sentence dated 30.6.2006 passed by the XXII ACMM, Bangalore in C.C.No.34904/2002.

(3.) THE case of the respondent accused is that the appellant had no capacity to lend the amount covered under the cheque Ex.P.2. It is specific case of the accused that during the 1997 the accused No.3 had borrowed loan of Rs.2 lakhs from the appellant and the cheque in question was given as security which was signed blank undated at that time. It is his further case that later the said loan was repaid through cheque Ex.D.7 dated 5-8-1998, but inspite of the same appellant did not return the cheque in question, contending that the same has been lost in transit, however, on repeated request and demand, appellant had issued the letter Ex.D-3 in that respect, admitting the receipt of loan amount and had clearly stated that accused have no liability under the cheque Ex.P-2. But surprised to this, the accused received the demand notice from the appellant and only thereafter it came to know that the appellant had misused the said cheque which was given as security and got filed the amount as Rs. 30,000/- and presented the cheque which came to be dishonoured, THErefore, immediately he filed a police complaint against the appellant for the offence punishable under Section 420, 468 & 471 IPC. On receiving the complaint, the trial Court referred the matter for police investigation under Section 156(3) Cr.P.C. After investigation, the police filed charge sheet against the appellant for the aforesaid offences. THErefore, the trial Court took cognizance of the said offences and ordered to register the case. Hence the appellant has come up with Crl.p.No. 3986/2006 praying to set aside the said order of taking cognizance and to quash the proceedings initiated against him.