LAWS(KAR)-2022-7-231

HANUMANTHAIAH Vs. T.N.BHEEMA RAJU

Decided On July 06, 2022
HANUMANTHAIAH Appellant
V/S
T.N.Bheema Raju Respondents

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in C.C.No.325 of 2016 registered pursuant to an order taking cognizance on 9/11/2015.

(2.) Heard Sri K.N.Nitish, learned counsel appearing for the petitioner.

(3.) The petitioner and the respondent were into certain transactions and alleging offences punishable under Sec. 138 of the Negotiable Instruments Act, 1881 ('the Act' for short), the respondent registers a complaint against the petitioner/accused invoking Sec. 200 of the Cr.P.C. in which cognizance was taken by the learned Magistrate on 9/11/2015 and process was issued on 16/2/2016. After six years, the petitioner calls in question the order taking cognizance in the subject petition. The solitary ground urged by the petitioner in the petition is that sworn statement is taken by way of an affidavit, which is impermissible in law. On this ground, the petitioner seeks quashment of entire proceedings registered against the petitioner for offences punishable under the Act.