- 1 - NC: 2025:KHC:9772 CRL.P No. 1194 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No. 1194 OF 2020 BETWEEN: M/s. ADANI GREEN ENERGY (UP) LIMITED 20 M W SOLAR PROJECT MAGADI SITE GEJJAGARPUPPA VILLAGE AND POST MADBAL HOBLI, MAGADI TALUK RAMANAGAR DISTRICT REP. BY AUTHORISED SIGNATORY Mr. SRINIVAS. …PETITIONER (BY SRI SHIVARAJ N ARALI, ADVOCATE) AND: DODDALINGAIAH S/O LATE MALLAYYA AGED ABOUT 65 YEARS JALAMANGALA VILLAGE KOOTAGAL HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT – 562 159. …RESPONDENT (R1 IS SERVED) THIS CRL.P IS FILED UNDER SECTION 482 Cr.P.C PRAYING TO QUASH ANNEXURE-A ORDER DATED 29.08.2018 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, RAMANGARA IN C.C.No.1029/2018 (PCR No.109/2018) WHEREBY PROCESS IN THE FORM THE SUMMONS UNDER SECTION 204 OF Cr.P.C. HAS BEEN ISSUED CALLING UPON THE ACCUSED TO APPEAR IN PERSON OR THROUGH PLEADER Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9772 CRL.P No. 1194 of 2020 TO ANSWER THE CHARGE OF OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER 1. Registration of criminal case and issuance of summons to the petitioner/accused is called in question in this petition preferred under Section 482 of Cr.P.C. 2. Respondent is served but unrepresented. 3. The matter pertains to Section 138 of Negotiable Instruments Act. The subject cheque is dated 27.01.2012 allegedly issued by the accused to the respondent – complainant for a sum of Rs.30,000/-. 4. This petition is filed on multiple grounds, firstly that the cheque was not dishonored for ‘insufficiency of funds’ in the account of the accused but on the ground that the instrument is outdated. Secondly, the notice was not issued within the prescribed period of 30 days from - 3 - NC: 2025:KHC:9772 CRL.P No. 1194 of 2020 the date of endorsement issued by the Bank and no reasons are forthcoming for issuing the notice belatedly. It is also contended that the cheque was not issued by the petitioner, namely, the Manager of one Adani Green Energy (UP) Limited, as it is evident from the cheque/Ex.P.1, a copy of which is produced at Annexure E. 5. Ex.P.1/cheque dated 27.01.2012 for a sum of Rs.30,000/- was allegedly issued by the accused to the complainant towards a legally enforceable debt. A perusal of Ex.P.1 shows that the cheque was issued on behalf of one K.S. Infra and not ‘Adani Green Engergy (UP) Ltd'. As per the endorsement issued by the Bank at Annexure – F on 29.12.2017, the said cheque was returned with an endorsement `instrument out dated stale’ as the cheque was presented after 5 years. The legal notice was issued to the petitioner on 16.02.2018, which is not within the prescribed period as contemplated under Section 138 of the Negotiable Instruments Act. Hence, the entire proceedings initiated against the petitioner is nothing but - 4 - NC: 2025:KHC:9772 CRL.P No. 1194 of 2020 an abuse of process of the Court. The order taking cognizance by the learned Magistrate is without jurisdiction and accordingly, the following; O R D E R i. The entire proceeding in C.C. No. 1029/2019 (P.C.R. No. 109/2018) pending on the file of Additional Civil Judge and JMFC, Ramanagara is hereby quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LRS List No.: 1 Sl No.: 14