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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 20TH DAY OF JUNE 2012

BEFORE

THE HON'BLE MR. JUSTICE SUBHASH B ADI

CRIMINAL PETITION No.4104/2011

C/W
CRIMINAL PETITION NO.4103/2011
IN CRL.P NO.4104/2011
BETWEEN :

SRI. A. DENNIS,
AGED ABOUT 75 YEARS
S/O C. J. ANTHONI
RET.MICRO EMPLOYEE
NO.160, 4TH CROSS,
VINAYAKA NAGAR, NEAR MICRO,
BANGALORE - 560 030
...PETITIONER

(BY SRI. PRABHUGOUD B. TUMBIGI, ADVOCATE FOR

SRI. M T NANAIAH, ADVOCATE)

AND :

SRI. RAVIKUMAR
AGED ABOUT 26 YEARS
S/O K. KUPPASWAMY
R/AT NO.26, GROUND FLOOR
KODIPALYA POST, BSK 6TH STAGE,
9TH BLOCK, HEMMIGEPURA,
KENGERI HOBLI,
BANGALORE - 560 060 ...RESPONDENT

(BY SRI. UMESH. A, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C

PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST
THE PETITIONER WHO IS THE ACCUSED IN
C.C.NO.1887/10 IN THE FILE OF THE C.J.M., BANGALORE
RURAL DISTRICT, BANGALORE AND DISMISS THE
COMPLAINT.

IN CRIMINAL PETITION No.4103/2011

BETWEEN :

SRI. A. DENNIS,
AGED ABOUT 75 YEARS
S/O C. J. ANTHONI
RET.MICRO EMPLOYEE
NO.160, 4TH CROSS,
VINAYAKA NAGAR, NEAR MICRO,
BANGALORE - 560 030

...PETITIONER

( BY SRI.PRABHUGOUD B. TUMBIGI, ADVOCATE FOR SRI. M

T NANAIAH, ADVOCATES)

AND :

SRI. SHANKAR S/O LATE SADIAPPA

AGED ABOUT 38 YEARS
R/AT NO.26, GROUND FLOOR, KODIPALYA POST
BSK 6TH STAGE, 9TH BLOCK,
HEMMIGEPURA, KENGERI HOBLI,
BANGALORE 560 060

...RESPONDENT

(BY SRI. UMESH. A, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 CR.P.C. PRAYING TO QUASH THE ENTIRE
PROCEEDINGS AGAINST THE PETITIONER WHO IS THE
ACCUSED IN C.C.NO.4527/2010 ON THE FILE OF THE
C.J.M., BANGALORE RURAL DISTRICT., BANGALORE

THESE CRIMINAL PETITIONS ARE COMING ON FOR

ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Petitioner has sought for quashing the proceedings

in C.C.No.1887/2010 pending on the file of Chief Judicial

Magistrate, Bangalore.

2. Respondent has filed a private compliant under

Section 200 of Cr.P.C. for the offence punishable under

section 138/142 of Negotiable Instrument Act.

Complainant's case is that, the accused had promised to

get the employment opportunity in Foreign country and

also get the VISA to go to Foreign Country. In this regard,

they collected Rs.5,00,000/- and neither they got VISA

and job opportunity nor the amount was returned. In this

regard, the accused have issued cheque which was

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dishonored and legal notice was issued. Even though

legal notice was served, amount was not paid. After

waiting for 15 days, the complainant filed the complaint.

3. The learned Magistrate considering the

complaint, sworn statement and documents was of the

opinion that, there is prima facie material to proceed with

the case against the accused and accordingly learned

Magistrate took cognizance of offence and issued

process.

4. Learned counsel for the petitioner submits that

the cheque issued by the petitioner is not liable to be

encashed and also submitted that the amount was given

towards getting a job in foreign country and the amount

is not refundable. The transaction is purely contractual

matter and there is no offence.

5. Facts in dispute are that cheque belonging to

the petitioner was dishonored and legal notice was

issued. Compliant was filed for the offence punishable

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under Section 138 of Negotiable Instrument Act. The

cheque belonging to the accused drawn in favour of the

complainant. The said cheque on presentation was

dishonored for want of sufficient fund, if the accused fails

to make the payment in a stipulated time, it constitutes

an offence under section 138 of Negotiable Instrument

Act. Complainant has stated that, the amount given is for

the purpose of getting the job. There is a prima facie case

against the petitioner. Hence, I find no good ground to

interfere with the order of the learned Magistrate.

Accordingly, petition is dismissed.

Sd/-
JUDGE

HJ*