- 1 - NC: 2025:KHC:2785 CRL.P No. 976 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 976 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR. MOHAMMAD HABIB S/O MOHAMMAD SALIM (DIRECTOR) AGED ABOUT 32 YEARS KH NO 877/2, SWARN PARK (MUNDKA) METRO PILLAR NO 497 MUNKA INDUSTRIAL AREA WEST DELHI, DELHI 100 041. ALSO AT: MOHAMMAD HABIB S/O MOHAMMAD SALIM RZ-43, 2ND FLOOR SYED NANG, PASCHIM NAGAR WEST DELHI, DELHI – 110 067. 2. MR MOHAMMED NADEEEM S/O NAIM AHAMAD DIRECTOR AGED ABOUT 29 YEARS KH NO 877/2, SWARN PARK (MUNKDA) METRO PILLAR NO 497 MUNDKA INDUSTRIAL AREA WEST DLEHI, DELHI 100 041. ALSO AT: MR. MOHAMMAD NADEEM S/O NAIM AHAMAD POST MADALA FATEHPUR VILLAGE MADALA FATEHPUR SAMBHAL MADALA FATEHPUR UTTAR PRADESH – 244 304. …PETITIONERS (BY SRI. SYED JAFFER MOHIYUDDIN, ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2785 CRL.P No. 976 of 2024 AND: BBSI SYSTEMS PRIVATE LIMITED, AN M S M E ENTERPRISES HAVING ITS OFFICE AT NO 2 OLD NO 1479/2, 3RD FLOOR, 40TH CROSS, 4TH ‘T’ BLOCK JAYANAGAR BENGALURU 560 041 REP BY ITS AUTHORIZED SIGNATORY MR ARADHYA G S …RESPONDENT (BY SRI. DHANANJAY JOSHI, SENIOR COUNSEL APPEARING FOR SMT. KAVITHA DAMODARAN, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.2857/2023 FILED BY THE BBSI SYSTEMS PRIVATE LIMITED, FOR THE OFFENCE P/U/S 138 OF N.I ACT PENDING ON THE FILE OF THE XXVTH A.C.M.M COURT AT BENGALURU COMPLAINT PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by accused Nos.2 and 5 in C.C.No.2857/2023 seeks quashing of the impugned proceedings filed by the respondent-complainant before the XXV Additional Chief Metropolitan Magistrate Court, Bengaluru, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the N.I. Act”). - 3 - NC: 2025:KHC:2785 CRL.P No. 976 of 2024 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent-complainant instituted the aforesaid proceedings against the petitioners-accused Nos.2 and 5 and accused Nos.1, 3, 4 and 6 for the offence punishable under Section 138 of the N.I. Act. It is an undisputed fact and borne out from the material on record that accused No.1 is the private limited Company of which accused Nos.2 to 6 are said to be the Directors. 4. The main ground urged by the petitioners in the present petition is that the complaint in PCR No.17025/2022 does not state or recite that the petitioners were in-charge of the conduct or affairs or business of the accused-company and consequently, the proceedings in so far as the petitioners are concerned deserves to be quashed. 5. The said contention urged on behalf of the petitioner cannot be accepted since prima facie a perusal of paragraph-10 of the complaint will clearly indicate that the respondent has stated that the petitioners - accused Nos.2 and 5 as well as the other Directors i.e., accused Nos.3, 4, and 6 are the directors responsible - 4 - NC: 2025:KHC:2785 CRL.P No. 976 of 2024 for the conduct of the business of accused No.1-Company within the meaning of Section 141 of N.I. Act. At any rate, the issue/question as to whether the petitioners were in-charge of the affairs or the conduct or business of accused No.1-Company is a question/issue that would necessarily have to be decided after a full fledged trial and not at the stage of considering the present petition under Section 482 Cr.P.C. 6. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the Trial Court to dispose of the said C.C.No.2857/2023 on merits and in accordance with law, by giving sufficient and reasonable opportunity to all parties. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 7. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 1 Sl No.: 8