- 1 - NC: 2025:KHC:1729 CRL.P No. 5284 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5284 OF 2021 BETWEEN: 1. M/S SKYTOP BUILDERS PVT. LTD., HAVING CORPORATE OFFICE AT NO.175, 6TH CROSS, GANDHINAGAR, BENGALURU – 560 009 REP. BY ITS MANAGING DIRECTOR SRI B L NAGENDRA PRASAD. 2. B L NAGEDNRA PRASAD AGED ABOUT 55 YEARS S/O LATE C V L SHASTRY MANGAGING DIRECTOR M/S SKYTOP BUILDERS NO 175, 6TH CROSS GANDHINAGAR, BENGALURU - 560 009 ...PETITIONERS (BY SRI. K.G.SADASHIVAIAH, ADVOCATE) AND: AKHILA KARNATAKA BRAHMINS WELFARE SOCIETY (R). OFFICE AT NO .175/1, NEW NO K-22/1, RAMAVILAS ROAD, MYSURU – 570023 REPRESENTED BY ITS GENERAL SECRETARY SRI B V MANJUNATH. ...RESPONDENT (BY SRI. MAHENDRA GOWDA C.R., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P. PRAYING TO QUASH THE ORDER DATED 03.03.2020 AND THE PROCEEDINGS PASSED IN C.C.NO.1696/2020 FOR AN OFFENCE WHICH IS P/U/S 138 OF N.I. ACT PENDING ON THE FILE OF J.M.F.C.(V COURT), MYSURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1729 CRL.P No. 5284 of 2021 ORAL ORDER This petition by the accused in C.C.No.1696/2020 is directed against the impugned order dated 03.03.2020 passed by the J.M.F.C., (V Court), Mysuru (for short “the Trial Court”), whereby the Trial Court took cognizance of the offences against the petitioners-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the N.I. Act”). 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 pursuant to a private complaint in PCR No.208/2020 filed by the respondent-complainant against the petitioners, the Trial Court recorded the sworn statement of the respondent-complainant and took cognizance of the offences against the petitioners-accused without following mandatory procedure prescribed under Section 202 of Cr.P.C., in as much as since the petitioners were residing outside the jurisdiction of the Trial Court and it was incumbent upon the Trial Court to conduct necessary enquiry before proceeding further in the matter. - 3 - NC: 2025:KHC:1729 CRL.P No. 5284 of 2021 4. Under these circumstances, in the light of the undisputed fact that the petitioners are residing outside the territorial jurisdiction of the Trial Court, I am of the considered opinion that the impugned order passed by the Trial Court dated 03.03.2020, taking cognizance of the offence alleged against the petitioner deserves to be set aside and the matter be remitted back to the Trial Court for reconsideration afresh, in accordance with law, after following the mandatory procedure prescribed under Section 202 Cr.P.C. 5. In the result, I pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The impugned order dated 03.03.2020 passed in C.C.No.1696/2020 (arising our of PCR No.208/2020) by the J.M.F.C., (V Court), Mysuru, is set aside. (iii) The matter is remitted back to the Trial Court for reconsideration afresh, in accordance with law, by following the mandatory procedure under Section 202 Cr.P.C. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC: List No.: 2 Sl No.: 9