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Judgment
B.V. Pinto
This petition is filed seeking to quash the proceedings in C.C. No. 1224/2011 pending on the file of I Addl. Civil Judge (Jr. Dn.) and JMFC, Mysore, for an offence u/s 138 of the Negotiable Instruments Act (in short ''N. I. Act''). It is the case of the complainant that the accused has issued a cheque for Rs. 12,72,000/- in favor of the complainant and the said cheque when presented is dishonoured. On the basis of the said complaint, notice has been issued to the petitioner to appear and answer the charge for offence u/s 138 of the N.I. Act.
Heard Sri. H.K. Keshava Murthy and Smt. P. Varalakshmi, learned counsel for the petitioner.
Submission of the learned counsel is that the complainant had approached the police in respect of the same cheque and that after exhausting his remedy before Kuvempunagar Police Station, the complainant has approached the Trial Court with a false plea of offence under the N.I Act. It is further submitted that the petitioner is a busy doctor who is a specialist in all the fields. Hence, he does not find time to appear before the Court. Hence, he submits that the proceedings may be quashed.
On the perusal of the documents along with the complaint, an offence u/s 138 of the N.I Act is prima facie made out. Hence, the proceedings cannot be quashed, In so far as establishing the defence is concerned, it is for the petitioner to establish his defence during the trial. Hence, this petition is dismissed.