- 1 - NC: 2025:KHC:4984 WP No. 22771 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 22771 OF 2024 (GM-RES) BETWEEN: JAGDISH S S/O LATE SUBRAMANYAM AGED ABOUT 56 YEARS RESIDING AT NO.5/2 SRI LAKAM NILAYA OPPOSITE SUBRAM ENCLAVE SHETIHALLI, BENGALURU-560 015 …PETITIONER (BY SRI. UMAPATHI S, ADVOCATE) AND: SOUNDARYA SOUHRADHA CERDIT CO-OPERATIVE LTD SOUNDARYA ARCADE OPP. AMMAJI KALYANA MANTAPA HESARGHATTA MAIN ROAD HAVANOOR EXTENSION NAGASANDRA POST BENGALURU 560 073 REPRESENTED BY ITS CEO …RESPONDENT (BY SRI. KIRAN KUMAR D.K, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE OF 226 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE RESPONDENT SOCIETY IN CC NO.28427/2023 PENDING BEFORE THE 26TH ACMM, BENGALURU, UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4984 WP No. 22771 of 2024 THIS PETITION, COMING ON FOR ORDERS, 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 for following reliefs: a) Quash the entire proceedings initiated by the respondent society in C.C.No.28427/2023 pending before the 26th ACMM, Bengaluru, under section 138 of the Negotiable Instruments Act, 1881; b) Award costs and compensation for the mental agony and financial hardship caused to the petitioner; c) Pass such other orders as this Hon'ble Court deems fit in the interest of justice and equity. 2. A perusal of the material on record will indicate that there are several contentious issues including mixed questions of law and fact as well as maintainability of the petition and with reference to legally enforceable debt and - 3 - NC: 2025:KHC:4984 WP No. 22771 of 2024 the provisions contended under Section 10, 39(2) and 42 of the Karnataka Souharda Sahakari Act, 1997 which necessarily has to be decided by the trial Court after giving an opportunity to both sides and to permit the petitioner to establish his defence before the trial Court. 3. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions, petition stands disposed of reserving liberty in favour of both the parties to urge all the contentions before the trial Court which has to decide all issues including maintainability, legally enforceable debt under Sections 10, 39(2) and 42 of the Act etc., in accordance with law. All rival contentions are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE NS, List No.: 1 Sl No.: 43