Cr§.P No.3330/2008 IN THE HIGH COURT or KARNATAKA AT BANGALORE DATED THIS THE 14TH DAY or OCTOBER 2009 BEFORE THE I-ION'BLE MR. JUSTICE HULUVADI G, C' C CRIMINAL PETITEON Nosissolgzoossp -1 'A ~ '- BETWEEN V C B M Mallikarjuna, S / 0 Mylar Rao, Age: 52 years, Nirmai Off Set Printers and Box Industries, Durgigudi Main Road, _ 1 . in : Shomoga. C =: " A. _ Petitioner (By s;-1 R B Deshp.and:e;_,Ady=-... fo'1¥'i'.pet*i:ijiu1ie~ij} A AND: Smt. M Vishaio, C W/o M Ramesh, * R/O "DeVaki'7,_ V' Dr, Baskar .Compoi,ind, Oid Post Gffiee-Road, **** ~ " Shimoga._, A , .4 Respondent
Petition is filed under Section 482 of the Code of
..h_CfCrini§na1 Procedure, praying to quash the criminal proceedings
étgamsteithe petitioner in C C No.200/2006 pending on the fiie of the
‘1.__i>r1, cm: Judge (Jr. Divn.] & JMFC, Shimoga.
‘ This Petition coming on for Admission this day, the Court
. n12;ude~s«ie foiiowirlgi 33»
Cr1.P No.3330/2008
GRDER
The petitioner has sought for to quash the criminal procee’dings
pending before the JMFC, Shimoga, in C C No.200/
2. The respondent has fiied a private’«ccorrapifaint.
200 of the Code of Criminal Procedui”eL”ag_ainst’ the then’
offence under Section 138 of the Negotiah1e_ Iiistrunients alleging
dishonour of cheque issued for’ Based on the sworn
statement. which is said_:’to__be filed’ ‘ and sworn
before the Oath ___th.e leaif1*ied:”1’\’/Vfagistrate has taken
cognizance andj.sVs1i’ed”‘1:3i?ocessf’The”sainefhas been assailed in this
Petition.
3. Heard.
1’nsa1’«–of the order sheet, it is seen that only on the
pe
strength statement, which is produced by way of
hT:gaffid_avit, the learned Magistrate has taken cognizance and issued
Cr1.P No.3330/2008
5. The learned Magistrate observed that as per Section 145 of
the Negotiable Instruments Act, the said sworn statement is
permissible.
6. It is the submission of the learned Counsel fOI”-<l:'L':l;1€.
that such a sworn statement could be entertaiiied ev.nly.at'l:ti_3el time V '
trial, so far as giving evidence in-chief, but the time of
cognizance.
7. In View of the above submission.. the I7-‘.’etitio_n allowed.
Taking cognizance and issuingillprocessiv the petitioner is
quashed withvlvalllldirectiorilito learned» Magistrate to record the
sworn statement. on Oat,h’afidl’proc»ee.d in accordance with law.
3&1,/g.
JUDGE