- 1 - HC-KAR NC: 2025:KHC:41036 CRL.P No. 12928 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.12928 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SMT. MANJULA S/O LATE K NARYANAPPA, AGED ABOUT 52 YEARS, 2. SMT. SUSHMA D/O LATE K NARAYANAPPA W/O PRADEEP AGED ABOUT 33 YEARS, 3. SRI. SHANKAR BABU S/O LATE K NARAYANAPPA, AGED ABOUT 30 YEARS, BUSINESS MAN, SUNIL AUTOMOBILES SHANKAR COMPLEX, OPP. TO SHARADHA SCHOOL, ALL ARE R/AT NEAR GANGAMMA GUDI STREET MUTHYAL PET, MULBAGAL CITY-563 131 KOLAR DISTRICT. …PETITIONERS (BY SRI. RAMESHA H E., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41036 CRL.P No. 12928 of 2023 AND: 1. SRI G RAMESH S/O GOPALAPPA AGED ABOUT 51 YEARS, AGRICULTURIST R/O POMBARA HALLI VILLAGE, UTHNOOR PANCHAYATH, DUGGASANDRA HOBLI, MULBAGAL TALUK KOLAR DISTRICT-563 127. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.3056/2022 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., MULBAGAL, KOLAR, ETC. THIS PETITION, COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:41036 CRL.P No. 12928 of 2023 ORAL ORDER 1. Respondent has filed PCR No.214/2022 on the file of the JMFC at Mulbagal. In the said complaint, it is stated that as against a legally dischargeable debt, one K.Narayanappa issued a cheque for a sum of ₹.4,00,000/- in favour of the respondent herein which has been dishonored. It is submitted that the said K.Narayanappa is the husband of petitioner no.1 and father of petitioner nos.2 and 3. It is further submitted that unfortunately, the said K.Narayanappa died, a few days after issuance of the cheque. As the said K.Narayanappa had died, the respondent filed PCR No.214/2022 against the petitioners with the following prayer: "WHEREFORE, the accused prays that, this Hon'ble court may kindly be pleased to register the case under section 138 and 142 of the Negotiable Instruments Act by taking cognizance against the accused no.1 to 3 and summon them to appear before this Hon'ble court and after trial punish the accused no.1 to 3 as contemplated under section 142 of the Negotiable Instruments act, in the ends of justice and equity." - 4 - HC-KAR NC: 2025:KHC:41036 CRL.P No. 12928 of 2023 2. Pursuant to the private complaint, the trial court recorded the sworn statement of the respondent, issued summons to the petitioners and CC No.3056/2022 came to be registered. Aggrieved by the same, the present criminal petition is filed. 3. The case of the petitioners is that the cheque which is dishonored was issued by K.Narayanappa and not by the petitioners and hence, they cannot be prosecuted for the same. Admittedly, the cheque has been issued by the deceased K.Narayanappa. The same has been issued on behalf of M/s.Sunil Automobiles, which is not a private limited company, and it is a proprietary concern of K.Narayanappa. Under the said circumstances, the provisions under Section 141 of the Negotiable Instruments Act is not attracted. Section 138 of the Negotiable Instruments Act pertains to dishonour of cheque for insufficiency of funds etc., in the account. Under the said provision, the person who has issued the - 5 - HC-KAR NC: 2025:KHC:41036 CRL.P No. 12928 of 2023 cheque for a legally dischargeable debt alone can be prosecuted and his legal heirs cannot be prosecuted. 4. In spite of service of notice, the respondent has remained absent. 5. In the instant case, the petitioners have not issued the cheque and are not responsible for functioning of M/s.Sunil Automobiles. Under the said circumstances, the question of maintaining a criminal case against them does not arise. If the deceased K.Narayanappa owed any debt to the respondent herein, he can always proceed against the assets of K.Narayanappa which have been inherited by the petitioners or any such other persons, as the case may be. But, he cannot maintain a case under Section 138 of the Negotiable Instruments Act against the petitioners herein under the given facts and circumstances of the case. 6. Hence, the following: - 6 - HC-KAR NC: 2025:KHC:41036 CRL.P No. 12928 of 2023 ORDER (i) The criminal petition is allowed; (ii) The proceedings in CC No.3056/2022 pending on the file of the Principal Civil Judge and JMFC., Mulbagal, Kolar, insofar as it relates to the petitioners herein stand quashed; (iii) Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 39