- 1 - HC-KAR NC: 2025:KHC:22113 CRL.P No. 7323 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7323 OF 2024 BETWEEN: 1. MR SAMEER HARSHAD SATA S/O. HARSHAD SATA, AGED ABOUT 61 YEARS, RESIDING AT NO. B-1, SHRI NIKETAN, LINKING ROAD, OPPOSITE ARYA SAMAJ, MUMBAI-400 054. …PETITIONER (BY SRI. V. LAKSHMINARAYANA, SENIOR ADVOCATE FOR SRI. SHAIK ISMAIL ZABIULLA, ADVOCATE) AND: 1. M/S. VANDANA WIND ENERGY PRIVATE LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT, 2013, NO. 5, TULSI REST HOUSE, CRESENT ROAD, BANGALORE-560 001, REPRESENTED BY ITS MANAGING DIRECTOR, MRS. VANDANA JAIN. …RESPONDENT (BY SRI. PRABHULING K. NAVADGI, SENIOR ADVOCATE FOR SRI. KASHYAP N. NAIK, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22113 CRL.P No. 7323 of 2024 THIS CRL.P. IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.25940/2023 REGISTERED AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE P/U/S 138 OF N.I ACT FILED BY THE RESPONDENT NO.1 AT ANNEXURE-A PENDING ON THE FILE OF THE XXVIII A.C.J.M COURT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned Senior counsel, Sri. V. Lakshminarayana along with Sri. Shaik Ismail Zabiulla, learned counsel appearing for the petitioner and the learned Senior counsel, Sri. Prabhuling K. Navadgi along with Sri. Kashyap N. Naik, learned counsel appearing for the respondent and have perused the material on record. 2. The petitioner is before this Court calling in question proceedings before the concerned Court in C.C.No.2411/2022. This Court, on 29.07.2024, granted an interim order of stay, which reads as follows: "ORAL ORDER ON I.A.NO.1/2024 Heard the learned Senior counsel, Sri. V. Lakshminarayana, appearing for the petitioner. - 3 - HC-KAR NC: 2025:KHC:22113 CRL.P No. 7323 of 2024 Learned counsel appearing for the petitioner is directed to serve a copy of the petition papers upon the learned counsel, who represented the respondent in the trial proceedings and file an acknowledgment within the next three days. Learned Senior counsel would submit that the issue in the lis stands covered to what this Court has rendered in Crl.P.No.1742/2023 connected with Crl.P.No.1745/2023 on 01.06.2023. In that light, there shall be an interim order of stay of further proceedings in C.C.No.25940/2023 pending before the XXVIII Additional Chief Judicial Magistrate Court, Bangalore, qua the petitioner, till the next date of hearing. List the matter on 08.08.2024 in the fresh matters list." The interim order of stay was granted on the score that the issue in the lis stood covered by what this Court had rendered in two of the criminal petitions in Crl.P.No.1742/2023 and Crl.P.No.1745/2023, which comes to be disposed on 01.06.2023. In the light of the quashment of the proceedings in those cases, the interim orders stood granted as quoted hereinabove. 3. Learned counsel appearing for the respondent has filed an application seeking vacation of the interim order. The matter therefore is heard with the consent of the parties. - 4 - HC-KAR NC: 2025:KHC:22113 CRL.P No. 7323 of 2024 4. This Court in Crl.P.No.1742/2023 and Crl.P.No.1745/2023 had quashed the proceedings against the accused therein. The ground on which the aforesaid petitions comes to be disposed by quashment of the proceedings in the in favour of Mrs. Minal Sameer Sata was that she was not a signatory to the cheques. A non-signatory to cheque, is settled principle of law that cannot be hauled into the proceedings under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). 5. In the case at hand, the learned counsel appearing for the respondent would submit that the petitioner is the signatory to every cheque. 6. Learned Senior counsel appearing for the petitioner would admit the circumstance, of the present petitioner being a signatory to all the cheques. He would only submit that the concerned Court be directed to consider paragraph Nos.19 to 20 of the petition. Learned Senior counsel refers the paragraphs to buttress his submission that once a part payment is made, proceedings under Section 138 of the Act - 5 - HC-KAR NC: 2025:KHC:22113 CRL.P No. 7323 of 2024 cannot be initiated and would seek to place reliance upon the judgment of the Apex Court in the case of DASHRATHBHAI TRIKAMBHAI PATEL V. HITESH MAHENDRA PATEL AND ANOTHER1. 7. Whether the part payment is made or otherwise, is a matter of evidence before the concerned Court. 8. In that light, I deem it appropriate to dispose the petition with a direction to the concerned Court to consider the issue of part payment, if any during the proceedings. The petition would not merit any further intelligence at the hands of this Court owing to the aforesaid circumstance. The petition is thus rejected with the aforesaid observations. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 1 1 (2023) 1 SCC 578