- 1 - HC-KAR NC: 2025:KHC:48881 CRL.P No. 11476 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.11476 OF 2025 BETWEEN: SMT. HEMALATHA U.S. W/O. RUDRESH M.U. AGED ABOUT 28 YEARS, R/AT 4TH CROSS, VIDYANAGARA GUBBI TOWN, GUBBI, TUMAKURU DISTRICT - 572216. …PETITIONER (BY SRI. RAMESH K.R., ADVOCATE) AND: SRI. VIRUPAKSHA K.G. S/O. GURUSHANTHAPPA K.N. AGED ABOUT 42 YEARS, R/O. NO.913, "SRIDEVI" NEAR MAHAGANGA HOSPITAL, SIT BACK GATE, SIT EXTENSION, TUMAKURU - 572102. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.02.2025 PASSED BY THE V. ADDL.CIVIL JUDGE AND J.M.F.C TUMAKURU IN PCR NO.461/2024 TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 138 OF N.I ACT WHICH IS PRODUCED AS ANNEXURE-A TO THIS CRL.P AND THE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.1300/2025 PURSUANT TO THE ORDER AT ANNEXURE-A BEFORE THE V ADDL.CIVIL JUDGE AND J.M.F.C TUMAKURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48881 CRL.P No. 11476 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under section 482 Cr.P.C. / 528 BNSS to set aside the impugned order dated 10.02.2025 passed in P.C.R.No.461/2024 taking cognizance for the offence under section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act'), and to quash the proceedings in C.C.No.1300/2025 pending before the V Additional Civil Judge and JMFC, Tumakuru. 2. It is contended that the complainant, being the employer of the petitioner's husband, misused the cheques and filed a false complaint and even the petitioner has filed a complaint before the jurisdictional police and a case is also registered. 3. The contention raised by the petitioner cannot be accepted to quash the proceedings. The complaint lodged by the petitioner was on 20.11.2024, subsequent to filing of the present complaint against her. As per complaint averments, - 3 - HC-KAR NC: 2025:KHC:48881 CRL.P No. 11476 of 2025 a cheque issued by the petitioner for a sum of Rs.4,00,000/- was dishonored for 'funds insufficient' and she failed to make the payment. There are no legal infirmities insofar as presenting the cheque, issuing notice to the accused and filing the complaint. No grounds are made to allow the petition. Petitioner can take all contentions before the trial Court at the appropriate stage. 4. Petition stands disposed of. Accordingly, I.A.No.1/2025 is disposed of. Observations made in this order shall not influence the trial Court while deciding the case on merits. Sd/- (MOHAMMAD NAWAZ) JUDGE SMJ List No.: 1 Sl No.: 34