Blue Horizon Hotels Pvt. Ltd. vs M/s. Sobha Developers Ltd.

H.N. Nagamohan Das, J.—In this petition the petitioners have prayed for quashing the proceedings in C.C. No. 7960/2013 on the file of 15th Additional Chief Metropolitan Magistrate, Bangalore city. Respondent filed a complaint in P.C.R. No. 4855/2013 against the petitioners for the offences punishable u/s 138 of Negotiable Instruments Act. The Jurisdictional Magistrate registered the case, recorded the sworn statement and issued process. Petitioners have entered appearance before the trial Court and they are enlarged on bail. At this stage the petitioners are before this Court to quash the proceedings on the ground that the cheque in question was issued by petitioner No. 2 in his personal capacity and therefore the proceedings against petitioner No. 1-Company and petitioner No. 3-Director is not maintainable. I decline to accept this contention.

A perusal of the averments made in the complaint specifies that petitioner No. 1 - Company had a business transaction with the respondent complainant company. In connection with this business transaction petitioner No. 2 issued the cheque in question. Petitioner No. 2 is none other than the Director of petitioner No. 1 -Company. In the complaint it is further alleged that petitioner Nos. 2 and 3 are the Directors of petitioner No. 1 Company and the cheque is issued on behalf of the company. It is further alleged that petitioner Nos. 2 and 3 are looking after the business of the company as its directions. These averments prima facie makes out a case against the petitioners. Without expressing any opinion on the merits of the case, I am of the considered opinion that the proceedings initiated by the respondent cannot be quashed by accepting the version of the petitioners at this stage and that too u/s 482 Cr.P.C. Accordingly, the petition is hereby dismissed. All contentions are left open.