SATYANARAYANA GOWDA Vs. B RANGAPPA

JUDGEMENT

(1.) This petition under Sec. 482 Cr. P.C. is directed against the order dt. 14-12-95 passed by the IX Addl. C.M.M., Bangalore, in C. C. No. 20530/95 rejecting the application filed u/S. 258 Cr. P.C. to stop further proceedings.

(2.) Briefly stated facts necessary for disposal of this petition are that the respt. filed a complaint against the petitioner under Sec. 200 Cr. P.C. on the allegation that a cheque for a sum of Rs. 35,800/- dt. 1-11-94 drawn on Karnataka State Co-op. Bank Ltd., Banashankari Branch, Bangalore, was issued in favour of the complainant by the accused. The said cheque was dishonoured by the bank when presented with an endorsement by the bank 'insufficient funds', on 24-3-95. After issuing a notice as contemplated u/S. 138(b) of the Negotiable Instruments Act (for short 'the Act'), the complainant lodged a complaint to punish the accused under Sec. 138 of the Act. The learned Magistrate, after taking cognizance of the case and recording the sworn statement, being satisfied with the prima facie case, ordered to issue summons to the accused/petitioner. The petitioner appeared before Court as per summons and he was released on bail. The trial Court framed charges under Sec. 138 of the Act and P.W. 1 was examined in-chief and posted the case for cross-examination at the request of the accused. On the next date of hearing, the accused filed an application under Sec. 258 Cr. P.C. to stop further proceedings. After hearing both parties, the Magistrate rejected this application. The said order is questioned in this petition.

(3.) Heard the learned advocates appearing for the respective parties.