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2022 DIGILAW 473 (KAR)

Dasha Global Ventures, Bangalore v. Murthy

2022-04-05

M.NAGAPRASANNA

body2022
JUDGMENT 1. The petitioners in all these cases is M/s. Dasha Global Ventures and others, who are partners of the said firm have called in question proceedings in C.C.No.1541/2021 and other cases which arise out of the proceedings initiated by the respondent for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the said Act' for short). 2. Heard Sri. Jayanth Poojary, learned counsel appearing for the petitioners and have perused the material on record. 3. Facts in brief are as follows: The petitioners and respondent No.2 entered into a transaction with regard to certain joint family development of the property owned by the respondent. In furtherance of which, petitioner Nos.2 and 3, who are partners in the firm - Dasha Global Ventures issue certain cheques in favour of the respondent, all of which were dishonoured on account of the instruction given by petitioner No.1 as 'Account block'. 4. Based upon this, a legal notice is caused by the complainant upon the petitioners clearly narrating the dates of the cheques that were issued and the purpose for which the cheques were issued. In reply, the petitioners contend that cheque books have been stolen from the corner of the accounts table from the office of the petitioners. Barring this, there is no other ground that is urged by the learned counsel appearing for the petitioners seeking interference at the hands of this Court at this juncture. 5. The cheques are issued for a particular purpose as is narrated in the complaint, which is in continuation with the notice issued by the complainant on 2/9/2021. The solitary ground that the cheques were stolen would be in the realm of disputed question of fact and would require evidence of the parties. Therefore, these petitions cannot be entertained at this stage owing to existence of triable issues. These petitions lack merit and is dismissed. In view of the dismissal of these petitions, I.A.No.1/2022 in all these cases stand dismissed.