- 1 - NC: 2025:KHC:3653 CRL.P No. 5646 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5646 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: R. RUPESH KUMAR, S/O RAMESH, AGED 34 YEARS, R/O NO. 31/1, SANNIDHI ROAD, BASAVANAGUDI, BANGALORE 560013 …PETITIONER (BY SRI. SWAROOP T., ADVOCATE) AND: M/S GOLDEN GATE PROPERTIES LTD., HAVING REGISTERED OFFICE AT NO. 820, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE 560095 REP. BY AUTHORISED SIGNATORY MR. SRINIVAS N., …RESPONDENT (BY SMT. BHARATHI M., FOR SRI. VENKATESH R. BHAGAT, ADVOCATES) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AND COMPLIANT IN C.C.NO.3957/2023 REGISTERED FOR THE OFFENCE P/U/S.138 OF NEGOTIABLE INSTRUMENTS ACT PENDING ON THE FILE OF THE HON’BLE XXV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN SO FAR AS THE PETITIONER/ACCUSED NO.3 IS CONCERNED. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3653 CRL.P No. 5646 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “WHEREFORE, for the aforesaid reasons, the petitioner humbly prays that the Hon’ble Court may be please to quash the entire proceedings and complaint in C.C.No.3957/2023 registered for the offences u/s. 138 of Negotiable Instruments Act pending on the file of the Hon’ble XXV Additional Chief Metropolitan Magistrate, Bangalore, in so far as the petitioner/accused No:3 is concerned, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent-complainant instituted the impugned proceedings in C.C.No.3957/2023 on the file of XXV Additional Chief Metropolitan Magistrate, Bengaluru, against the petitioner-accused No.3 and accused Nos.1 and 2 for the alleged offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short “the N.I. Act”). Accused No.1 is M/s. Hazma Enterprises, a proprietary concern represented by its sole proprietor, Mr. - 3 - NC: 2025:KHC:3653 CRL.P No. 5646 of 2023 Mohammed Nizam, who is also arrayed as accused No.2 by showing him as the proprietor of Hazma Enterprises in the cause title of the Private Complaint. 4. A perusal of the petition averments and the undisputed fact that the cheque has been issued only by Mr. Mohammed Nawaz, the proprietor of proprietary concern, M/s. Hazma Enterprises will clearly indicate that the petitioner herein is accused No.3, is neither proprietor nor is he a signatory to the cheque in question nor has he issued any cheque on behalf of Mr. Mohammed Nawaz or the proprietary concern, M/s. Hazma Enterprises. 5. Under these circumstances, the respondent- complainant cannot said to have any cause of action to institute the present proceedings against the petitioner - accused No.3, especially when the entire allegations made in the complaint are directed only as against accused Nos.1 and 2 in relation to the cheque in question, which has undisputedly not been issued or executed by the petitioner-accused No.3, who cannot be arraigned or dragged into the present proceedings under Section 138 of the N.I. Act. It is however stated that liberty will have to be reserved to - 4 - NC: 2025:KHC:3653 CRL.P No. 5646 of 2023 take recourse to such other remedies as available in law as against the petitioner-accused No.3. 6. In the result, I pass the following: ORDER (i) The *Criminal Petition is allowed. (ii) The impugned criminal proceedings in C.C.No.3957/2023 (arising out of PCR No.17309/2021) for the offences punishable under Sections 138 and 148 of the N.I. Act, pending before the XXV Additional Chief Metropolitan Magistrate, Bengaluru, in so far as the petitioner – accused No.3 is concerned, are hereby quashed. (iii) Liberty is reserved in favour of respondent No.2 to avail such other remedies as available in law, against the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 4 * Corrected vide chamber order dated 07.02.2025.