- 1 - NC: 2025:KHC:264 CRL.P No. 6680 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6680 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SAMARJIT KAUR W/O MANPREET SINGH MANCHANDA AGED ABOUT 68 YEARS R/A HOUSE NO. 469 A, SECTOR -61, CHANDIGARH - 160036 …PETITIONER (BY SRI. DHRUV UTHAPPA K G, ADVOCATE) AND: M/S TVS CREDIT SERVICES LTD HEAD OFFICE AT, ‘CHAITANYA’ NO. 12, KHADER NAWAZ KHAN ROAD, NUNGAMABAKKAM CHENNAI - 600006 REPRESENTED BY ITS AREA LEGAL MANAGER MRS KUSUMA PAVAN CHOKIRA …RESPONDENT (BY SRI. SURESH V, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH ALL PROCEEDINGS ARISING OUT OF C.C.NO.6650/2023 (ANNEXURE-P2) WHICH IS PENDING BEFORE THE XX ADDITIONAL JUDGE COURT OF SMALL CAUSES AND ACMM, BENGALURU (SCCH-22) P/U/S 138 OF N.I. ACT. 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:264 CRL.P No. 6680 of 2024 ORAL ORDER This petition seeks quashing of the impugned proceedings in C.C.No.6652/2023 under Section 138 of the N.I. Act, in which the petitioner is arrayed as accused. 2. Heard learned counsel for the petitioner, learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioner submits that in relation to the very same liability and arising out of the earlier cheque dated 19.04.2022, the respondent-complainant has initiated proceedings in C.C.No.8974/2022 against the petitioner, who is the proprietor of M/s. Manchanda Autos, a proprietary concern, in which the respondent-complainant sought to implead the petitioner and the same having been rejected vide order dated 17.07.2023, the respondent would not be entitled to prosecute the present proceedings in relation to the subsequent cheque dated 07.03.2023 bearing No.288 drawn on HDFC Bank arising out of the same liability and as such, the same deserves to be quashed. 4. Per contra, learned counsel for the respondent- complainant submits that in relation to the earlier cheque of the year 2022, the respondent complainant having instituted - 3 - NC: 2025:KHC:264 CRL.P No. 6680 of 2024 proceedings in C.C.No.8974/2022 against M/s. Manchanda Autos, the petitioner herein has preferred a criminal petition, which is pending before this Court. It is submitted that since the said proceedings are in relation to an earlier cheque, the present petition in relation to a subsequent cheque dated 07.03.2023 are maintainable, not withstanding the fact that the present proceedings are in relation to the very same liability. It is further submitted that the respondent-complainant does not have objection to the aforesaid criminal petition in relation to the earlier cheque to be quashed by this Court and the present proceedings being directed to be continued for disposal, in accordance with law. 5. A perusal of the material on record will indicate that it is an undisputed fact and matter on record that the earlier proceedings in Crl.P.No.13904/2023 are in relation to a cheque of the year 2022, while the present proceedings are in relation to the alleged cheque dated 07.03.2023, subsequent to institution of Crl.P.No.13904/2023. Under these circumstances, I am of the considered opinion that merely because the respondent- complainant has instituted the proceedings in C.C.No.8974/2022 in relation to a cheque of the year 2022, the said circumstance cannot - 4 - NC: 2025:KHC:264 CRL.P No. 6680 of 2024 be made the basis to her to challenge the present proceedings in relation to the subsequent cheque dated 07.03.2023 and consequently, the said contention urged on behalf of the petitioner cannot be accepted. 6. It is also relevant to state that as fairly submitted by the learned counsel for the respondent-complainant that the earlier proceedings in C.C.No.8974/2022, which are pending before this Court in Crl.P.No.13904/2023, may be quashed by directing that the present petition to be continued to be disposed of in accordance with law, I am of the considered opinion that no valid or sufficient ground has been made out by the present petitioner for quashing the instant proceedings, particularly when Crl.P.No.13904/2023 has been allowed and the proceedings in C.C.No.8974/2022 have been quashed by this Court vide order dated 07.01.2025. 7. In the result, I pass the following: ORDER i) The *Criminal Petition is hereby disposed of reserving liberty in favour of the petitioner to take up all * Corrected vide Chamber order dated: 21.01.2025. - 5 - NC: 2025:KHC:264 CRL.P No. 6680 of 2024 contentions in C.C.No.6650/2023 before the Trial Court. ii) All rival contentions between the parties are kept open to be decided by the Trial Court, in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 22