- 1 - NC: 2025:KHC:99 CRL.P No. 129 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 129 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MRS. A PUNITHA DEVI W/O MR D H LOKESH, AGED ABOUT 41 YEARS, 2. MR D H LOKESH S/O D.HARI, AGED ABOUT 45 YEARS, BOTH R/AT NO.14, E NO.4TH STREET, SHIVAJINAGAR, BENGALURU-560 051. …PETITIONERS (BY M/S. BPDS ASSTS FOR SRI. BOPANNA B., ADVOCATE) AND: M/S ELYSIUM CUPOLA HOMES SAMSKRITI BUILDING, 2ND FLOOR, NO.18, SITUATED AT 80 FEET ROAD, R.M.V. 2ND STAGE, BENGALURU-560 094. REPRESENTED BY ITS PARTNERS MR. SUSHIL R BHATIA AND MANOJ RADHAKRISHNA BHATIA. REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR. MAHESH G …RESPONDENT (BY SMT. ZAINAB HUSAIN, ADVOCATE FOR SRI. RAMESH T., ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:99 CRL.P No. 129 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.9192/2022 ARISING OUT OF PCR C.C.NO.9192/2022 PENDING BEFORE THE XX ADDL.S.C.J. AND A.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT AT ANNEXURE-F. THIS PETITION, COMING ON FOR ADMISION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by accused No.1 and accused No.2 in C.C.No.9192/2022 on the file of the XX Additional Senior Civil Judge and ACMM, Bengaluru (for short “the Trial Court”) seeks quashing of the aforesaid proceedings initiated by the respondent- complainant under Section 138 of the Negotiable Instruments Act, 1881(for short “the N.I. Act”) 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. The limited ground of attack to the impugned proceedings by the petitioners is that the subject cheques in relation to which the respondent-complainant has initiated the aforesaid proceedings before the trial Court has been signed only by petitioner No.1 and not by petitioner No.2 and consequently, the - 3 - NC: 2025:KHC:99 CRL.P No. 129 of 2023 instant proceedings as against petitioner No.2, who is not a signatory to the cheques is not maintainable and the same deserves to be quashed. 4. Per contra, learned counsel for the respondent- complainant submits that petitioner No.2 is none other than the husband of petitioner No.1 and that and that petitioner No.2 is the signatory to the sale deed executed by both the petitioners in favour of the respondents and as such, the respondent has arraigned both the petitioners as parties to the aforesaid criminal proceedings. It is also submitted that both the petitioners availed the services of the respondent for the purpose of interior work. In this regard, petitioner No.1 issued cheques on behalf of herself and on behalf of petitioner No.2, who has also been arrayed as a party to the criminal proceedings and as such, there is no merit in the criminal petition and the same is liable to be dismissed. 5. By way of reply, learned counsel for the petitioners would refute the various contentions urged by the learned counsel for the respondent-complainant and submits that the present petition has to be allowed to the limited/restricted extent of petitioner No.2, who is undisputedly not a signatory to the subject - 4 - NC: 2025:KHC:99 CRL.P No. 129 of 2023 cheques said to have been issued by petitioner No.1 in favour of the respondent. 6. A perusal of the material on record will indicate that it is an undisputed fact that three cheques referred to at paragraph No.3 of the complaint filed by the respondent-complainant before the Trial Court bears the signature of only petitioner No.1 and not petitioner No.2, who is undisputedly not a signatory to the said cheques. Under these circumstances, it is needless to state that the aforesaid proceedings initiated by the respondent-complainant under Section 138 of the N.I. Act as against petitioner No.2 would not be maintainable and the same deserves to be quashed. However, the proceedings in C.C.No.9192/2022 as against petitioner No.1 would continue to be disposed of by the Trial Court, in accordance with law. 7. In the result, I pass the following: ORDER (i) The Criminal Petition is partly allowed. (ii) The criminal proceedings in C.C.No.9192/2022 on the file of the XX Additional Senior Civil Judge and - 5 - NC: 2025:KHC:99 CRL.P No. 129 of 2023 ACMM, Bengaluru City, qua petitioner No.2 is hereby quashed. (iii) The Trial Court is directed to continue with the criminal proceedings as against petitioner No.1 and dispose of the same, in accordance with law. (iv) Liberty is reserved in favour of the respondent to take recourse to such other remedies available in law as against petitioner No.2. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 35