2026 (10) TMI 569

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er criminal case against the accused in CC No. 1195/2023 on the file of IV Addl. Civil Judge and JMFC, Shivamogga in so far as the Petitioner is concerned (Annexure-Q); c) Quash the complaint in CC No.1195/2023 on the file of IV Addl. Civil Judge and JMFC, Shivamogga in so far as the Petitioner is concerned (Annexure -A); d) Allow this Petition. e) Pass any such other order this Hon'ble Court deems fit. 2. The respondent filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973, read with Section 138 of the Negotiable Instruments Act, 1881. Upon recording of the sworn statement, summons came to be issued and the matter was registered as C.C. No. 1195/2023, which is pending on the file ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....FC Bank and dated 13.12.2022 is stated to have been issued. His contention is that C.C. No. 54297/2021 had not reached the stage of recording of evidence as on 13.12.2022, since the evidence of CW-1 was recorded only on 24.07.2024. Therefore, according to him, the very assertion that the cheque was issued when the matter had reached the stage of evidence is rendered improbable. 6. Secondly, learned counsel submits that, while the private complaint refers to cheque No. 000065 drawn on HDFC Bank, the statement of the respondent recorded by the police in connection with a complaint lodged by the petitioner refers to cheque No. 000068. It is therefore contended that there is a material discrepancy with regard to the identity of the cheque an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion was filed, the non-bailable warrant was re-issued. On 11.12.2023, CW-1 was present but sought time. Subsequently, proclamation proceedings were ordered on 10.06.2024 and, thereafter, on 24.07.2024, the evidence of CW-1 came to be recorded. 11. The relevant expression in the complaint is that, when the matter had reached the stage of evidence, the accused approached the complainant for a compromise. The said assertion cannot be construed to mean that the approach was made only after the evidence of CW-1 had actually been recorded. The order sheet clearly demonstrates that the matter had been posted for recording of evidence as early as 10.11.2022. Thus, the fact that the actual evidence of CW-1 came to be recorded only on 24.07.2024 d....