- 1 - NC: 2025:KHC:909 CRL.P No. 10597 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10597 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: ASIF TAMBULI S/O SIRAJ TAMBULI AGED 42 YEARS PROPRIETOR MAYUR CHURUMURI PRODUCT KURNAL CHOWK, DATTB NAGAR, JAMAVADI, SANGLI - 416410 MAHARASHTRA. …PETITIONER (BY SRI. VARDHAMAN V GUNJAL.,ADVOCATE) AND: K S NAGARAJ S/O SAGANE GOWDA AGED 51 YEARS PROPRIETOR, SRI VENKATESHWARA TRADERS GENDEHALLI ROAD BELUR TALUK HASSAN - 573 115,. …RESPONDENT (BY SRI. CHINNAPPA GOWDA D G., ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDING AGAINST THE PETITIONER IN CASE BEARING CC NO.331/2020 (P C R NO.70/2020) PENDING, ON THE FILE OF THE COURT OF THE SENIOR CIVIL JUDGE AN JMFC BELUR. DIST HASSAN, SEEDING PROSECUTION UNDER SEC. 138 OF NEGOTIABLE INSTRUMENT ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:909 CRL.P No. 10597 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the accused in C.C.No.331/2020 on the file of the Senior Civil Judge & JMFC, Belur, seeks quashing of the impugned proceedings instituted by the respondent – complainant for offences punishable under Section 138 of the Negotiable instruments Act (for short, ‘the N.I.Act’) and for other reliefs. 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 in the aforesaid proceedings instituted by the respondent – complainant against the petitioner – accused in relation to the cheque in question for the offences punishable under Section 138 of the N.I.Act, the petitioner after having entered appearance before the Trial Court and contesting the proceedings by obtaining bail has filed the present petition interalia contending that the complaint filed by the petitioner was not maintainable since there was no debt / legally enforceable debt which was capable of being enforced by the respondent against the petitioner. It is also contended that the statutory notice said to have been issued prior - 3 - NC: 2025:KHC:909 CRL.P No. 10597 of 2024 to filing the complaint by the respondent was not served upon the petitioner and on this ground also, the impugned proceedings deserve to be quashed. It is further contended that the respondent had not placed any material to establish that the petitioner was guilty of the offences alleged against him and as such, the impugned proceedings deserve to be quashed. 4. Per contra, it is contended on behalf of the respondent that there is no merit in the petition and that the same is liable to be dismissed. 5. A perusal of the material on record including the rival contentions will indicate that there are several contentious issues and disputed questions of law and fact that arise for consideration between the parties, who have made allegations and counter allegations against each other in relation to the subject matter of dispute in the impugned proceedings and the same would necessarily have to be adjudicated upon during the course of trial after providing both parties an opportunity to adduce oral and documentary evidence in support of their respective claims. In fact, the various contentions based on facts urged by the petitioner – accused have been seriously disputed by the respondent – - 4 - NC: 2025:KHC:909 CRL.P No. 10597 of 2024 complainant and consequently, in the facts and circumstances of the instant case, I am of the view that the present case does not warrant exercise of my jurisdiction under Section 482 Cr.P.C. or Article 226 of the Constitution of India. 6. Under these circumstances, there is no merit in the petition and the same is hereby dismissed. However, all rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE ASN / SV List No.: 2 Sl No.: 14