MALLAPPA SANGAPPA DESAI Vs. LAXMANAPPA BASAPPA WHOTI

JUDGEMENT

(1.) These two petitions are directed against the order of the J.M.F.C., Muddebihal, in C.C. Nos. 243/92 and 596/92 respectively directing issue of process against the petitioner, who is common in both the cases, and for quashing the entire proceedings.

(2.) The respondent who is common in both the cases has filed two complaints before the Magistrate for offence under Section 138 of the Negotiable Instruments Act ('the Act' for short). The respondent's case is that the petitioner who was due in a sum of Rs. 50,000.00 issued one cheque dated 30-9-91 for a sum of Rs. 10,000.00 and another cheque for Rs. 40,000.00 dated 2-5-92 in respect of that liability, that when both the cheques were presented for encashment they were returned with an endorsement of insufficiency of funds, that the respondent issued notices to the petitioner demanding the payment and that in spite of the service of the notice the petitioner failed to pay amounts covered by the cheques and that he has thus committed an offence under Section 138 of the Act in the two cases. The complaint in C.C. 596/92 is in respect of the cheque for Rs. 10,000.00 while the complaint in C.C. 243/93 is in respect of the cheque for Rs. 40,000.00

(3.) The Magistrate after taking cognizance of the offence and recording the sworn statement of the complainant has issued process in both the cases against the petitioner for offence under Section 138 of the Act.