- 1 - NC: 2025:KHC:14284 WP No. 6028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6028 OF 2025 (GM-RES) BETWEEN: 1. SRI. C P UMESH S/O PUTTASWAMY AGED ABOUT 52 YEARS R/A NO. 210, 4TH CROSS 10TH MAIN, NGEF LAYOUT NAGARABHAVI, BANGALORE KARNATAKA 560 072. …PETITIONER (BY SRI. SHANTHI BHUSHAN H., ADVOCATE) AND: 1. M/S SURABHI SOUHARDA CREDIT CO OPERATIVE LTD., (REGISTERED UNDER CO OPERATIVE SOCIETIES ACT) REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER MRS POOJASHREE PV AGED 34 YEARS W/O S P VASUDEV OFFICE AT NO. 270, 1ST FLOOR SRI RAM COMPLEX 5TH CROSS, 5TH BLOCK KATRIGUPPE, BSK 3RD STAGE BANGALORE, KARNATAKA 560 085. …RESPONDENT (BY SRI. MANJULA S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14284 WP No. 6028 of 2025 2023, PRAYING TO DIRECT QUASHING THE CRIMINAL CASE AGAINST THE PETITIONER IN CC NO. 23075/2022 ON THE FILE OF XXVII ADDL. CHIEF JUDICIAL MAGISTRATE, BANGALORE CITY FOR THE OFFENCES PUNISHABLE UNDER SEC 138 NI ACT, VIDE ANNX-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the cognizance taken for the offence punishable under Section 138 of the N.I. Act. The respondent–complainant filed a private complaint under Section 200 Cr.P.C., stating that the subject cheque, which was issued by the petitioner towards legally enforceable debt, was dishonoured for want of funds when presented for realisation. 2. Sri Shanthi Bhushan H., the learned counsel for the petitioner, submits that the cheque amount has been deposited with the bank, and respondent No.2 is required to issue a No Due Certificate. 3. The learned counsel for the respondent–bank submits that the No Due Certificate will be issued in favour of the petitioner–accused, and the bank has no objection for quashing the impugned proceedings. - 3 - NC: 2025:KHC:14284 WP No. 6028 of 2025 4. Accordingly, the petition is allowed. 5. The impugned proceedings in C.C. No.23075/2022 pending on the file of the XXVII Additional Chief Judicial Magistrate, Bengaluru City, insofar as it relates to the petitioner herein, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 171