- 1 - HC-KAR NC: 2025:KHC:35509 CRL.P No. 12437 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12437 OF 2025 BETWEEN: 1. SRI. MUNIRAJU .M S/O MUNISWAMY AGED ABOUT 49 YEARS R/AT NO. 168A, GROUND FLOOR OPP TO ST. JOHN MEDICAL HOSPITAL MUGULURU VILLAGE, KUGURU POST SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 560125. …PETITIONER (BY SRI. SURYA .S, ADVOCATE FOR SRI. SIJI MALAYIL, ADVOCATE) AND: 1. SRI. MAHESH .G S/O LATE GOVINDAPPA AGED ABOUT 41 YEARS R/A NO. 15, 1ST MAIN NRI LAYOUT, KALKERE MAIN ROAD RAMMURTHY NAGAR POST BENGALURU-560016. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.50301/2023, PENDING BEFORE HONBLE XXXIII ACJM AT BANGALORE, FOR THE O/P/US/ 138 OF N.I ACT. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35509 CRL.P No. 12437 of 2025 THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present petition has been filed by the accused seeking quashing of the proceedings pending in C.C. No.53301/2023, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The petitioner contends that there are no transactions between him and the respondent/complainant that could give rise to any liability. It is further submitted that the cheques allegedly issued in favour of the complainant were misplaced, and a complaint regarding the misplacement has already been lodged with the jurisdictional police station. According to the petitioner, the complainant is now misusing the misplaced cheques to initiate criminal proceedings against him. On the strength of these submissions, the petitioner prays for quashing of the proceedings in C.C. No.50301/2023. 2. The petition was heard in the presence of learned counsel for the petitioner, and the grounds urged have been carefully perused. - 3 - HC-KAR NC: 2025:KHC:35509 CRL.P No. 12437 of 2025 3. It is well settled by a catena of judgments of the Hon’ble Supreme Court and various High Courts that, once a cheque is issued and subsequently dishonoured, there arises a legal presumption under Section 139 of the Negotiable Instruments Act that the cheque was issued for the discharge of a legally enforceable debt or liability. However, this statutory presumption is rebuttable, and the accused is entitled to lead evidence to challenge the existence of any antecedent liability. In the present case, the petitioner’s defence is that no transaction ever took place with the complainant and that the cheques were misplaced and are now being misused. These factual contentions are purely matters of evidence, which can only be tested in the course of trial by examining witnesses and documents. 4. In view of the above, this Court is of the considered opinion that the petitioner’s contentions do not warrant quashing of the proceedings at this stage. The veracity of the allegations, the existence of any antecedent debt, and the issue of alleged misuse of cheques must be examined and adjudicated upon during the trial. Accordingly, the petitioner - 4 - HC-KAR NC: 2025:KHC:35509 CRL.P No. 12437 of 2025 is at liberty to lead rebuttal evidence before the trial Court to establish his defence. 5. Consequently, the present petition is dismissed, reserving liberty to the petitioner to raise all contentions and evidence in his defence during the trial in C.C. No.53301/2023. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 70