VENKATARAMN Vs. K. RAVINDRANATH ACHARYA

JUDGEMENT

(1.) The petitioner has filed this petition under section 482 of the Code of Criminal Procedure, 1973 (henceforth for brevity referred to as 'Cr. P.C') seeking quashing of the order passed by the Court of JMFC-II, Hubballi (henceforth for brevity referred to as 'Court below') in C.C.No.421/2014 dated 18.08.2015.

(2.) The summary of the case of the petitioner, which has lead him to approach this Court is that, the petitioner, as a complainant, had filed a private complaint against the present respondent and one Sri. D.A. Mendigeri arraying them as accused No.1 and 2, respectively for the offence punishable under section 138 of the Negotiable Instruments Act (henceforth for brevity referred to as 'N.I.Act'). The complaint was filed under section 200 of Cr.P.C., 1973 It appears that the Court below took cognizance of the offence under Section 138 of the N.I.Act and proceeded further in the matter including ordering for registration of a Criminal Case under Register No. III and for issuance of summons to the accused vide its order dated 20.06.2014. The accused No.2 therein Sri. D.A. Mendigeri challenged the said order of taking cognizance against him before this Court by filing a Criminal Petition No.100224/2015 under section 482 of Cr.P.C., 1973 seeking to quash the order dated 20.06.2014 passed by the Court below in C.C.No.421/2014. This Court by its order dated 13.07.2015 allowed the petition and quashed the proceeding so far as the petitioner before it in Criminal Petition No.100224/2015 is concerned. As such, the petition in C.C.No.421/2014 on the file of the Court below was quashed as against Sri. D.A. Mendigeri, accused No.2, who was the petitioner in Criminal Petition No.100224/2015. The certified copy of the order passed by this Court in Criminal Petition No.100224/2015 was produced by the accused in the Court below on 18.08.2015. The Court below took that order as quashing of the entire proceeding in C.C.No.421/2014 and pronounced the order of dismissal of C.C.No.421/2014 by referring to the order passed by this Court in Criminal Petition No.100224/2015. The present petitioner has challenged the said order passed by the Court below, which has quashed the entire proceeding and has prayed for quashing the said order of the Court below and remanding the matter to the Court below for fresh trial.

(3.) Learned counsel for the petitioner, in his argument, reiterated the contention taken up by him in the petition and contended that when the quashing of the order was with respect to the accused No.2 in the Court below, the Court below was not justified in dismissing the entire case including the case against accused No.1 therein.