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TMI Blog2020 (11) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... ank account and by forging his signature had filled the cheque for a huge amount by themselves and presented it for its realisation. If the argument of the learned counsel for the petitioner that the learned Magistrate ought not to have taken cognizance in the absence of production of the said cheque by the complainant is verified, the only answer that comes is, in the absence of any material to show that the complainant had paid the cheque amount to the accused and collected the said cheque back, as contended by the learned counsel for the petitioner, it cannot be expected that the complainant was required to produce the alleged cheque along with his complaint in the Court below - the continued argument of the learned counsel for the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cheque, in accordance with law - the contention of the learned counsel for the petitioner that the complaint is not maintainable is also not acceptable. There are no reason to hold that there is any possibility of the abuse of process of law or any grave injustice being caused to the present petitioner - petition dismissed. - Criminal Petition No.101539/2017 - - - Dated:- 9-10-2020 - Hon ble Dr. Justice H.B. Prabhakara Sastry For the Petitioner : Sri. S.M.Kalwawad, Advocate For the Respondent : Sri. Suresh N. Kini, Advocat ORDER The present respondent has instituted a private complaint against the present petitioner and two others under Section 200 of Code of Criminal Procedure (for brevity 'Cr.P.C.') fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame, the complainant though attempted to lodge a complaint with the police, since they refused to take the complaint, was constrained to file a private complaint under Section 200 of Cr.P.C. 3. The accused No.1 in the said complaint has filed the present petition seeking quashing of the said private complaint which has now matured in Criminal Case No.30/2016, pending in the Court of the learned Principal Senior Civil Judge CJM, Haveri (hereinafter for brevity referred to as 'the Trial Court') for the alleged offences. 4. Learned counsel for the petitioner is physically present in the Court. Learned counsel for the respondent is appearing through video conference. 5. Though this matter is listed for Admission, with the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 25,00,000/- and demanding the payment of the said cheque amount within fifteen days from the date of receipt of the legal notice. Learned counsel further submits that a reply as per Annexure-B was given by the complainant to the notice at Annexure-A. Thus, it is not in dispute that for the alleged dishonour of a withdrawal slip, which the complainant has called as cheque No.041852, drawn on Karnataka Central Co-operative Bank, Haveri Branch, the present petitioner/accused had issued a legal notice demanding the payment of the cheque amount. The said notice after its receipt by the complainant was replied by the complainant as per Annexure-B. In the very reply notice, the complainant has taken a contention that the alleged cheque do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded by the learned counsel for the petitioner, it cannot be expected that the complainant was required to produce the alleged cheque along with his complaint in the Court below. 12. In the above connection, the continued argument of the learned counsel for the petitioner that the non-initiating of any criminal case against the present complainant for the offence punishable under Section 138 of N.I.Act, itself would prove that the cheque was returned to the complainant, also is not : 10 : Crl.P.No.101539/2017 acceptable, for the reason that, in the light of Annexures-A B and the contents of the complaint at this stage and prima facie, it can be inferred that the accused after giving the reply as per Annexure-B realised that the complai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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