- 1 - HC-KAR NC: 2025:KHC:19783 WP No. 49852 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 49852 OF 2015 (GM-RES) BETWEEN: MR. C NANDEESH S/O CHICKANNA AGED ABOUT 59 YEARS R/AT NO.165,"NANDIDHAMA" NO.208, SFS,YELAHNAKA NEW TOWN BANGALORE-560 064 …PETITIONER (BY SRI. RAJASWARA P.N. ADVOCATE) AND: 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF LAW AND JUSTICE, GOVERNMENT OF INDIA, 4TH FLOOR, A-WING,SHASTRI BHAWAN, NEW DELHI-110 001 2. THE UNION OF INDIA,REPRESENTED BY SECRETARY MINISTRY OF FINANCE AND CORPORATE AFFAIRS, GOVERNMENT OF INDIA, ROOM NO.134,NORTH BLOCK, NEW DELHI-110 001 3. THE GOVERNOR, RESERVE BANK OF INDIA DEPARTMENT OF NON-BANKING SUPERVISION CENTRAL OFFICE,WORLD TRADE CENTRE-1, 2ND FLOOR,CUFFE PARADE,COLABA, MUMBAI-400 005 4. THE GENERAL MANAGER, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19783 WP No. 49852 of 2015 RESERVE BANK OF INDIA DEPARTMENT OF NON-BANKING SUPERVISION, 10/3/8,NRUPTHUNGA ROAD, BENGALURU-560 001,INDIA 5. THE ASSISTANT MANAGER, RESERVE BANK OF INDIA DEPARTMENT OF NON-BANKING SUPERVISION, # 15 NETAJI SUBHAS ROAD, KOLKATA-700 001 6. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF HOME ROOM NO.219,II FLOOR, VIDHANA SOUDHA, BANGALORE-560 001 7. THE CHAIRMAN & MANAGING DIRECTOR MAGMA FINCORP LIMITED MAGMA HOUSE,24 PARK STREET, KOLKATA-700 016 WEST BENGAL (ALSO AT BENGALURU) 8. THE MANAGER MAGMA FINCORP LIMITED 2ND AND 3RD FLOOR,HM J.C.ROAD NEAR MINERVA CIRCLE, BANGALORE-560 002 9. THE CHAIRMAN & MANAGING DIRECTOR GE COUNTRYWIDE COUNSUMER FINANCIAL SERVICES LIMITED, REGD OFF: NO.401,402,4TH FLOOR AGARAWAL MILLENNIUM TOWERS,E-1, 2-3,NETAJI SUBHASH PLACE, WAZIRPUR,DELHI-110 034 10. THE CHAIRMAN & MANAGING DIRECTOR GE MONEY FINANCIAL SERVICES PRIVATE LIMITED, REGD.OFF: NO.401,402,4TH FLOOR, AGARWAL MILLENNIUM TOWERS E-1,2-3,NETAJI SUBHASH PLACE, WAZIPUR, DELHI-110 034 - 3 - HC-KAR NC: 2025:KHC:19783 WP No. 49852 of 2015 11. THE BRANCH MANAGER DEUTSCHE BANK AG, KOLKATA BRANCH, 9,SHAKESPHERE SARANI, BROOK HOUSE, 1ST FLOOR,KOLKATA, WEST BENGAL-700017 12. THE BRANCH MANAGER CORPORATION BANK, YELAHANKA NEWTOWN, BENGALURU-560 064 13. THE MANAGER HONGKONG & SHANGHAI BANKING CORPORATION 7, M.G.ROAD, HSBC CENTRE, BANGALORE-560001. …RESPONDENTS (BY SMT. ANUPARNA BORDOLOI.,ADVOCATE FOR R1 & R2; R4-SERVED; SRI. SREENIVAS KUMAR., HCGP FOR R6; SRI. CHANDRASHEKAR., ADVOCATE FOR R7 AND R8; SRI. KRISHNAMURTHY.D., ADVOCATE FOR R12; SRI. K.R. GANESH FOR IMPLEADING APPLICANT IN IA 1/16 DAEINN A POOVAIAH FOR R11; SRI. RANGARAJAN & SRI PRABHAKARAN., ADVOCATES FOR R13; R3, R5, R9 AND R10 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DECLARING THE CENTRAL ORDINANCE IN NO.6/2015 OF THE R-1, DECLARING THE JURISDICTION OF THE CHEQUE DEPOSIT PRIMARILY IN THE LOCAL CITY PAYEE ACCOUNT AVAILABLE ONLY, IF PAYEE ACCOUNT IS NOT AVAILABLE IN THE DRAWER BANK CITY, NEAREST CITY OF THE PAYEE ACCOUNT EXISTS TO THE CHEQUE DRAWER CITY, TO AVOID DEPOSITING CHEQUE IN FARAWAY PLACE INTENTIONALLY TO HARASS THE DRAWER OF THE CHEQUE, TO SMOOTHEN THE TRAIL AS PER ANNX-A AND ETC. - 4 - HC-KAR NC: 2025:KHC:19783 WP No. 49852 of 2015 THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. To issue a writ of mandamus or any other appropriate writ, order or direction, declaring the central ordinance in No. 6/2015 of the 1st respondent, declaring the jurisdiction of the cheque deposit primarily in the local city payee account available only, if payee account in not available in the drawer bank city, nearest city of the payee account exists to the cheque drawer city, to avoid depositing cheque in faraway place intentionally to harass the drawer of the cheque, to smoothen the trail in the interest of justice and equity as per Annexure-A. b. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to 5th respondent to pass orders prayed in the complaint submitted to the respondents on various dates as per Annexure-V to Y submitted to 1st respondent to 5th respondent. c. To issue a writ of mandamus or any other appropriate writ, order or direction, declaring the cheques valid only as per the official statement of 12th respondent dated 02.11.2015 as per Annexure-C from the inception of the SB account 3063 starting 25.09.2005. d. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the - 5 - HC-KAR NC: 2025:KHC:19783 WP No. 49852 of 2015 11th respondent to submit the records of the endorsement issued in cheque No.183274 ‘Funds insufficient’ along with affidavit to this Hon’ble Court with a certified copy to the petitioners to initiate legal proceedings. e. Pending the hearing and final disposal of this petition, this Hon’ble Court, be pleased to stay all proceedings of the Trail Court in Case No.CS/0400461/14 pending in the file of Ld. Metropolitan Magistrate’s 11th MM Court at Calcutta as per Annexure-D. f. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 6th Respondent to transfer complaint dated 25.03.2014 in No. in DCP/PETS/59/ACP/YNK/2014 and FIR dated 29.09.2015 in No.0283/2015 registered in Yelahanka Police Station in CID, since the accused involved in No.0283/2015 registered in Yelahanka Police Station to CID, since the accused involved are in different states and kindly direct the police to secure the petitioners property original documents along with the money wrongly collected along with the money wrongly collected by respondents 7 to 10 amount of Rupees 21,18,524.00 along with interest as per Annexure-E. g. For costs. h. Such further and other orders be passed as this Hon’ble Court may deem just fit and proper under the circumstances of this case. 2. During the pendency of the above matter, the proceeding under Section 138, which had been filed by Respondents - 6 - HC-KAR NC: 2025:KHC:19783 WP No. 49852 of 2015 No.7 and 8 before the Magistrate Court, Kolkata, has been dismissed for default on 10.2.2022. 3. The learned counsel for the Petitioner submits that no challenge has been made to the said dismissal by Respondents No.7 and 8. 4. There is no appearance on behalf of Respondents No.7 and 8 though called twice once in the morning session and once in the afternoon session. In view of the fact that Section 138 proceedings having been dismissed for default, the reliefs which have been sought for by the Petitioner do not survive for consideration. Hence, the petition is dismissed as infructuous. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 48