LAWS(KAR)-2018-8-313

SHANMUGAM Vs. A B RUSHABENDRA

Decided On August 23, 2018
SHANMUGAM Appellant
V/S
A B Rushabendra Respondents

JUDGEMENT

(1.) Though the matters are listed for Orders, with the consent of learned counsel on both sides, all these petitions are heard for final disposal.

(2.) In this batch of petitions, a common petitioner has sought to quash the proceedings initiated against him for the alleged offences punishable under Section 138 of the Negotiable Instruments Act, 1881. Since common question of law and facts are involved, these petitions are disposed of by this common order.

(3.) The petitioner herein issued various cheques to the respondents herein towards repayment of the deposits taken by him. The said cheques when presented for encashment, were returned dishonoured with endorsement "Payment Stopped by Drawer". The respective respondents caused notices to the petitioner demanding payment of the cheque amount within 15 days from the date of receipt of the notices. The petitioner received the notices and caused replies thereto contending that the cheques in question were not issued by him and he is not liable to answer the claim of the respondents. In view of these contentions, the respondents filed separate complaints before the Civil Judge and JMFC, Bangarpet under Section 200 of Cr.P.C read with Section 138 of the N.I Act. The learned Magistrate took cognizance of the offence and issued summons to the petitioner. During the pendency of the proceedings, petitioner filed applications under Section 258 of Cr.P.C. and before inviting orders on the said applications, he has approached this Court invoking the jurisdiction under Section 482 of Cr.P.C.