9911796707
TMI Blog1990 (10) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. The petitioner was the complainant and respondents Nos. 2 to 4 were accused in P. C. R. No. 88 of 1989 on the file of the Metropolitan Magistrate, IV Court, Bangalore City (for short "the Magistrate"). It arose out of a private complaint presented by the petitioner complainant under Section 200, Criminal Procedure Code, alleging that respondents Nos. 2 to 4 are liable to be punished ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of the complaint, the learned Magistrate, by his order dated November 15, 1989, came to the conclusion that dishonouring of a cheque on the ground of "closure of his account" by the drawer of the cheque does not constitute an offence under Section 138 of the Act as the said Section contemplates dishonouring of a cheque either for want of funds or for exceeding the arrangements made. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no objection to granting two weeks' time. Therefore, the case is adjourned by two weeks. But, none appeared for the petitioner-complainant on September 21, 1990, again on October 8, 1990, and again on October 11, 1990, and today also. Therefore, Sri S. M. Hegde, learned counsel for respondents Nos. 2 to 4 accused is beard. 5. As rightly pointed out by learned counsel for the accused, Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused on a recent Division Bench decision of this court in Telecom Employees Co-operative Housing Society Ltd, v. Scheduled Castes, Scheduled Tribes Minority Communities and Backward Classes Improvement Centre ILR1990KAR3320 , in which a Division Bench of this court presided over by the Hon'ble the Chief Justice has observed at page 3388 as under : " (1) The court will not extend the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n who committed an offence mentioned under Section 138 of the Act by liberally construing the provisions of that Section and the view taken by the learned Magistrate is very narrow as it would defeat the very purpose of enacting Section 138 of the Act. Consequently, I hold that the petitioner has not made out a case for quashing the impugned order in exercise of the inherent power under Section 48 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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