- 1 - HC-KAR NC: 2025:KHC:42817 CRL.P No. 1812 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1812 OF 2025 BETWEEN: SRI JAISHANKAR S/O CHANNEGOWDA AGED ABOUT 44 YEARS R/A FLAT NO.205 CENTURY INDUS APARTMENT NEAR JNANAKSHI SCHOOL RAJARAJESHWARI NAGAR BANGALORE - 560 098 …PETITIONER (BY SRI. SATHISHA K B., ADVOCATE) AND: SRI MAHADEVA S B S/O BASAVEGOWDA AGED ABOUT 62 YEARS R/O SADOLALU VILLAGE, KASABA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571428 …RESPONDENT (BY SRI. ATHMANANDA., ADVOCATE P/H) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42817 CRL.P No. 1812 of 2025 QUASH THE PROCEEDINGS IN C.C NO.680/2024 PENDING ON THE FILE OF THE HON'BLE COURT OF I ADDITIONAL CIVIL JUDGE AND JMFC, AT MADDUR HAVING FILED FOR THE OFFENCES P/U/S 138 OF NI ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is before this Court seeking to quash the proceedings in C.C.No.680/2024 pending on the file of the Court of I Addl. Civil Judge and JMFC at Maddur. 2. The proceedings are initiated on a complaint filed by the respondent herein for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. As per the complaint, petitioner/accused approached the complainant for financial assistance for the purpose of purchase of a property and borrowed a loan of Rs.5,00,000/-, in connection with which, he issued a cheque. Later, when the cheque was dishonoured on - 3 - HC-KAR NC: 2025:KHC:42817 CRL.P No. 1812 of 2025 13.11.2023 on its presentation to the Bank, complainant issued a notice, which was replied by the petitioner. Since the amount was not paid, respondent filed the complaint. 4. It is the contention of the learned Counsel for the petitioner that much prior to the dishonour of the cheque, the petitioner has written a letter to the Bank for stop payment, on 21.08.2023 and he has also filed a complaint to the police on the following day, based on which NCR was registered. He contended that the petitioner issued a legal notice to the respondent on 08.12.2023 and all these factors show that the respondent/complainant has attempted to make a false claim against the petitioner. He contended that in respect of the money received from respondent's son, all the dues were paid to him, however, the respondent/complainant has misused the cheques issued to his son by not returning it and filed a false complaint. 5. It is the case of the petitioner/accused that there was a transaction between the petitioner and respondent's - 4 - HC-KAR NC: 2025:KHC:42817 CRL.P No. 1812 of 2025 son and in that connection, certain cheques were issued to him and though the said amount was paid, he has misused the cheques and filed a false complaint. He has relied on the letter issued to the Bank for stop payment and the complaint filed with the Police and the registration of the NCR. 6. The proceedings are pending before the Trial Court. It is submitted by the learned Counsel for the respondent that the matter is at the fag end. The contentions raised by the petitioner cannot be appreciated by this Court in this petition filed under Section 482 of Cr.P.C. The petitioner has to raise his defence before the Trial Court. The presumption which is in favour of the complainant is a rebuttable presumption. It is submitted by the learned Counsel for the respondent that all these contentions are in fact taken by the petitioner before the Trial Court. These documents now which the petitioner is relying, cannot be taken into consideration by this Court, as the trial is pending. There is no merit in the petition. - 5 - HC-KAR NC: 2025:KHC:42817 CRL.P No. 1812 of 2025 7. The petition is accordingly dismissed. 8. Observations made in this order shall not influence the trial of the case. 9. I.A.No.2/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE JT/- CT: JL