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Judgment
A.N. Venugopala Gowda
Petitioner is facing trial for an offence punishable u/s 138 of the Negotiable Instruments Act (for short, N.I. Act). Cheque in question belonging to the petitioner when presented for payment has been returned by his Bank on account of "stop payment" instruction. The complainant, thereafter has issued a notice demanding payment of the cheque amount. Since the cheque amount was not paid within the time allowed, private complaint u/s 200 Cr.P.C. was filed alleging commission of an offence punishable u/s 138 of N.I. Act by the petitioner/accused. Assailing the process issued by the Trial Court, this criminal petition has been filed by the accused. According to the learned counsel for the petitioner, the transaction is purely of civil nature and hence, there is a abuse of process by filing a private complaint u/s 200 Cr.P.C. alleging commission of offence punishable u/s 138 of N.I. Act. He sought intervention by this Court.
Perused the record. There is no dispute that the cheque in question belongs to the petitioner and that the same when presented for encashment was returned by the Bank on account of "stop payment" instruction. There being no proof produced showing that on the date the cheque was presented and was returned there was sufficient amount in the account for passing of the cheque and that the cheque was returned for some other reason, in my opinion, the petitioner has to face the trial. The defence of the petitioner can be putforth before the Trial Court. In the circumstances, no interference in the matter, at this stage is warranted.
Petition is devoid of merit and is rejected. Needless to observe that the Trial Court has to decide the case of its merits and in accordance with law, un-influenced by any of the observations made in this order. Defence of the petitioner is left open for consideration.