- 1 - NC: 2025:KHC:575 CRL.P No. 13904 of 2023 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.13904 OF 2023 (482 (Cr.PC) / 528(BNSS) BETWEEN: BIRJYOTE SINGH S/O MANPREET SINGH, AGED ABOUT 38 YEARS, R/O NO 2567, SECTOR 69, MOHALI, DISTRICT MOHALI, PUNJAB ALSO AT – HOUSE NO.469 A, SECTOR-61, CHANDIGARH - 160036 …PETITIONER (BY SRI. DHRUV UTHAPPA K G., ADVOCATE) AND: M/S TVS CREDIT SERVIES LTD HAVING HEAD OFFICE AT, ’CHAITANYA NO. 12 KHADER NAWAZ KHAN ROAD, NUNGAMBAKKAM, CHENNAI 600006 REPRESENTED BY ITS AREA LEGAL MANAGER MRS KUSUMA PAVAN CHOKIRA …RESPONDENT (BY SRI. MAHABALESHWAR CHITRIGEMATH, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S.482 PRAYING TO QUASH ALL PROCEEDINGS IN C.C.NO.8974/2022 (ANNEXURE P-1) WHICH IS PENDING BEFORE THE XX ADDL. SMALL CAUSES COURT, BANGALORE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS 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:575 CRL.P No. 13904 of 2023 ORAL ORDER In this petition, petitioner seeks quashing of the impugned proceedings in C.C.No.8974/2022 pending before the Trial Court for alleged 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 the respondent instituted the aforesaid proceedings against one Manchanda Autos for the alleged offence under Section 138 of the N.I.Act and for other reliefs. In this context, it is relevant to note that the petitioner is neither the proprietor of the said Manchanda Autos nor the signatory to the cheque in question dated 19.04.2022 in relation to which the proceedings were initiated by the respondent. So also, the said cheque was allegedly signed by Mrs.Samarjeeth Kaur, who was not arraigned as a party to the proceedings. However, in the cause title to the complaint in PCR No.229/2022, which is pending before the Trial Court in the instant C.C.No.8974/2022, the respondent showed the name of the - 3 - NC: 2025:KHC:575 CRL.P No. 13904 of 2023 petitioner as representing Manchanda Autos, which was arraigned as an accused. Under these circumstances, the respondent filed an application under Section 319 Cr.P.C. seeking to implead the aforesaid Mrs. Samarjeeth Kaur, the signatory of the cheque as an additional accused to the proceedings interalia contending that she was the main borrower and is to be impleaded as an accused. By order dated 17.07.2023, the Trial Court rejected the said application filed by the respondent – complainant under Section 319 Cr.P.C. thereby refusing to implead / arraign Mrs. Samarjeeth Kaur as an additional accused to the proceedings. The said order dated 17.07.2023 has attained finality and become conclusive and binding upon the respondent. 4. The aforesaid facts and circumstances including the material on record will clearly indicate that the petitioner not being a signatory to the cheque in question nor the proprietor / partner of the accused, Manchanda Autos coupled with the fact that the attempt made by the respondent to implead the said Mrs.Samarjeeth Kaur, signatory to the cheque and proprietor as an additional accused having been rejected, I am of the view that the petitioner cannot be held to be liable for the offences punishable - 4 - NC: 2025:KHC:575 CRL.P No. 13904 of 2023 under Section 138 of the N.I.Act and consequently, the impugned proceedings insofar as the petitioner is concerned deserve to be quashed. 5. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings in C.C.No.8974/2022 on the file of the XX Additional Small Causes Court, Bengaluru, insofar as the petitioner is concerned is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC / SV List No.: 2 Sl No.: 1