- 1 - NC: 2025:KHC:13495 CRL.P No. 2519 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2519 OF 2019 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. NAVEEN KUMAR S. N., AGED ABOUT 28 YEARS, S/O. LATE NARASAPPA 1 E, CRECENT COURT APARTMENT, CRECENT ROAD, BENGALURU - 560 001. …PETITIONER (BY SRI. RAMESHCHANDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHAMARAJPET P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. K.M. SHIVASHANKARACHARYA S/O MYLARACHAR K., AGED ABOUT 62 YEARS, CONVENER, ALL INDIA CONFERENCE OF INTELLECTUALS, NO.84/3, 1ST FLOOR, 4TH MAIN, NEAR 6TH CROSS, CHAMARAJAPET, BENGALURU - 560 018. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. C.R. BHASKAR, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13495 CRL.P No. 2519 of 2019 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED BY THE CHAMARAJAPET POLICE STATION IN C.C.NO.1703/2019 IN CRIME NO.147/2018, PENDING BEFORE THE XXIV A.C.M.M., BENGALURU. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Proceedings arising out of Crime No.147/2018 of Chamarajpet Police Station, Bengaluru, pending in C.C.No.1703/2019 on the file of the Court of XXIV Additional CMM, Bengaluru City, is called in question in this petition. 2. Respondent No.2/complainant has alleged that two cheques bearing No.517914 and 517915 dated 20.08.2017, drawn on M/s Corporation Bank, Basavangudi Branch, Bangalore, for Rs.2,00,000/- each were stolen by the petitioner for wrongful gain etc. Charge sheet is filed for the offence under Section 380 IPC. - 3 - NC: 2025:KHC:13495 CRL.P No. 2519 of 2019 3. The contention of the learned counsel for petitioner is that the criminal complaint now filed against the petitioner is a counter blast to the notice of dishonour of cheque upon which a summoning order was passed and proceedings were initiated under Section 138 of N.I. Act. It is also contended that respondent No.2 was convicted by the trial Court for offence punishable under Section 138 of N.I. Act and an appeal is pending. 4. In respect of the cheques in question, petitioner has filed a complaint under Section 200 Cr.P.C., against respondent No.2 alleging an offence punishable under Section 138 of the N.I. Act in C.C.No.3455/2018 before the Court of XVI ACMM at Bangalore. The material on record would reveal that notice was issued by the petitioner on 8.12.2017 and by way of reply dated 18.12.2017, a defence was taken that the cheques were stolen. However, no complaint was lodged by respondent No.2 with the police whereas the complaint was lodged on 7.7.2018 after service of summons to him in the complaint - 4 - NC: 2025:KHC:13495 CRL.P No. 2519 of 2019 filed by the petitioner alleging an offence under Section 138 of N.I.Act. 5. In an identical case, this Court in Crl.P.No.246/1999 disposed of on 31.8.2001 quashed the proceedings with liberty to the respondent accused to take such defence as he would chose in the criminal proceeding initiated against him. 6. This Court is of the considered view that initiation of criminal proceedings against the petitioner is an abuse of process of Court as respondent No.2- complainant would be permitted to take such a defence before the trial Court in the proceedings initiated under Section 138 of N.I. Act. The complaint alleging stealing of cheques was filed only after service of summons to respondent No.2, which is obviously a counter blast complaint filed by him. 7. Permitting respondent No.2 to raise all contentions in the proceedings arising out of Section 138 of N.I. Act initiated against him, the entire proceedings in - 5 - NC: 2025:KHC:13495 CRL.P No. 2519 of 2019 CC No.1703/2019 pending on the file of XXIV ACMM at Bengaluru arising out of Cr.No.147/2018 of Chamarajpet Police Station, Bangalore, is quashed. Petition is allowed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB/TL List No.: 1 Sl No.: 40