- 1 - HC-KAR NC: 2025:KHC:25526 CRL.P No. 9040 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9040 OF 2024 BETWEEN: SRI. VEERAMANI ARUMUGAM, S/O R. ARUMUGAM, AGED ABOUT 41 YEARS, R/AT NO.114, SOUTH STREET, RAMARAJAPURAM, DINDIGUL DISTRICT, TAMIL NADU – 624 213. …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: INFLOW TECHNOLOGIES PRIVATE LIMITED, HAVING REGISTERED OFFICE AT 100 FEET ROAD, INDIRANAGAR, BANGALORE – 560 038. …RESPONDENT (BY SMT.DHANUSHRI R., ADVOCATE FOR SRI. R. KIRAN., ADVOCATE) THIS CRL.P. IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE ORDER DATED 03.05.2024 PASSED BY THE ADDL. CHIEF METROPOLITAN MAGISTRATE COURT AT BANGALORE (XXXIII ADDL. CJM) IN CC NO.55618/2024 AND CONSEQUENTLY QUASH ALL FURTHER PROCEEDINGS IN CC NO.55618/2024 ON THE FILE OF ADDL. CHIEF JUDICIAL Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25526 CRL.P No. 9040 of 2024 MAGISTRATE COURT AT BANGALORE (XXXIII ADDL CMM) REGISTERED FOR AN OFFENCE P/U/S 138 OF NI ACT AS AGAINST THE PETITIONER. 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, petitioner - accused No.7 seeks the following reliefs. " a. Call for records in CC 55618/2024 on the file of Addl. Chief Metropolitan Magistrate Court at Bangalore (XXXIII Addl. CMM). b. Set aside the order dated 03.05.2024 passed by the Addl. Chief Metropolitan Magistrate Court at Bangalore (XXXIII Addl. CJM) in CC No.55618/2024 and consequently quash all further proceedings in CC 55618/2024 on the file of Addl. Chief Judicial Magistrate Court at Bangalore (XXXIII Addl. CMM) registered for an offence punishable under Section 138 of NI Act as against this petitioner, in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:25526 CRL.P No. 9040 of 2024 c. Grant any other remedy deems fit in the facts and circumstances of the case." 2. A perusal of the material on record will indicate that the respondent-complainant instituted the impugned proceedings in CC No.55618/2024 against the petitioner - accused No.7 and remaining accused persons including accused No.1 - Cosmogenic IT Solutions Pvt. Ltd., and the other directors for alleged offences punishable under Section 138 of the Negotiable Instruments Act. It is the specific contention of the petitioner that the said cheque is dated 29.01.2024 and the petitioner having resigned from the post of a director much earlier to the said cheque being issued, the petitioner cannot be arraigned as an accused person to the impugned proceedings in the light of the judgment of the Apex Court in the case of Rajesh Virenshah vs. Redington India Limited ((2024) 4 SCC 305). He therefore submitted that the impugned proceedings deserves to be quashed. - 4 - HC-KAR NC: 2025:KHC:25526 CRL.P No. 9040 of 2024 3. Per contra, learned counsel for the respondent - complainant would submit that there is no merit in the petition and the same is liable to be dismissed. 4. A perusal of the material on record will indicate that the petitioner is arraigned as accused No.7 on the ground that he is a director of the accused No.1 Company. In this context, a perusal of the documents produced by the petitioner comprising of the resignation letter submitted by the petitioner dated 20.04.2018 as well as the extract in Form No.DIR 12 issued by the Registrar of Companies evidencing the acceptance of the resignation of the petitioner is sufficient to come to the conclusion that the petitioner had resigned from the post of a director of the accused No.1 company w.e.f. 31.03.2018 itself. Under these circumstances, in the light of the judgment of the Hon'ble Apex Court in Rajesh Virenshah's case, supra, I am of the view that continuation of the impugned proceedings would amount to abuse of process of law warranting interference with the present petition. - 5 - HC-KAR NC: 2025:KHC:25526 CRL.P No. 9040 of 2024 5. Accordingly, the petition is allowed. All further proceedings in CC 55618/2024 on the file of Addl. Chief Judicial Magistrate Court at Bangalore (XXXIII Addl. CMM) registered for an offence punishable under Section 138 of NI Act is quashed only in so far as petitioner - accused No.7 is concerned. The trial Court is directed to dispose of the proceedings against the remaining accused within a period of six months from the date of receipt of certified copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 15