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TMI Blog1990 (10) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... d respondents Nos. 2 to 4 were accused in P. C. R. No. 88 of 1989 on the file of the Metropolitan Magistrate, IV Court, Bangalore City (for short the Magistrate ). It arose out of a private complaint presented by the petitioner complainant under Section 200, Criminal Procedure Code, alleging that respondents Nos. 2 to 4 are liable to be punished under Section 138 of the Negotiable Instruments Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1989, came to the conclusion that dishonouring of a cheque on the ground of closure of his account by the drawer of the cheque does not constitute an offence under Section 138 of the Act as the said Section contemplates dishonouring of a cheque either for want of funds or for exceeding the arrangements made. In that view of the matter, the learned Magistrate held that no sufficient material is m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... weeks. But, none appeared for the petitioner-complainant on September 21, 1990, again on October 8, 1990, and again on October 11, 1990, and today also. Therefore, Sri S. M. Hegde, learned counsel for respondents Nos. 2 to 4 accused is beard. 5. As rightly pointed out by learned counsel for the accused, Section 138 of the Act provides for punishing the drawer of a cheque which is dishonoured o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perative Housing Society Ltd, v. Scheduled Castes, Scheduled Tribes Minority Communities and Backward Classes Improvement Centre ILR1990KAR3320 , in which a Division Bench of this court presided over by the Hon'ble the Chief Justice has observed at page 3388 as under : (1) The court will not extend the law beyond its meaning to take care of a broader legislative purpose. -- Here 'stri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of that Section and the view taken by the learned Magistrate is very narrow as it would defeat the very purpose of enacting Section 138 of the Act. Consequently, I hold that the petitioner has not made out a case for quashing the impugned order in exercise of the inherent power under Section 482, Criminal Procedure Code. 7. In the result, the petition is dismissed. - - TaxTMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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