- 1 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101241 OF 2024 C/W CRIMINAL PETITION NOs.101242 OF 2024, 101243 OF 2024 and 101244 OF 2024 IN CRL.P.NO.101241/2024: BETWEEN: MRS. KEERTHANA K., AGE: 36 YEARS, OCC: NILL, R/O: URWA MANGALORE, (WRONGLY SHOWN AS KIRTANA K.) PIN CODE – 575 009. …PETITIONER (BY SRI. SHARAD V. MAGADUM, ADVOCATE) AND: 1. SRI. MAHESH ASHOK JUJAR, AGE: 34 YEARS, OCC: SERVICE, R/O: HUBBALLI, NOW RESIDING AT HUDCO COLONY, NIPPANI, TQ: NIPPANI, DIST: BELAGAVI – 591 237. 2. SRI. RATHISH B.N. S/O. NARAYAN B., AGE: 35 YEARS, OCC: MANAGING TRUSTEE, R/O: URWA MANGALORE – 575 006. MAHESH FOUNDATION, 3RD CROSS, MATADKANI ROAD, URWA MANGALORE. …RESPONDENTS (BY SMT. POOJA P., ADVOCATE FOR SRI. VADIRAJA P., ADVOCATE FOR R1; R2 – SERVED ) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.172/2023 (PCNO.99/2023) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC NIPANI FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT INSOFAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P.NO.101242/2024: BETWEEN: MRS. KEERTHANA K., AGE: 36 YEARS, OCC: NIL, R/O: MAHESH FOUNDATION, 3RD CROSS, MATHADKANI ROAD, URWA MANGALORE -575 009. (WRONGLY SHOWN AS KIRTANA K.,) PIN – 575 001. …PETITIONER (BY SRI. SHARAD V. MAGADUM, ADVOCATE) AND: 1. SMT. PRANALI ASHOK DHEKANE, AGE: 31 YEARS, OCC: SERVICE, R/O: MANGUR, TQ: NIPPANI, DIST: BELAGAVI – 591 237. 2. SRI. RATHISH B.N. S/O. NARAYAN B., AGE: 35 YEARS, OCC: MANAGING TRUSTEE, R/O: MAHESH FOUNDATION, 3RD CROSS, MATHADKANI ROAD, URWA MANGALORE – 575 006. …RESPONDENTS (BY SMT. POOJA P., ADVOCATE FOR SRI. VADIRAJA P., ADVOCATE FOR R1; R2 – SERVED ) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.173/2023 ACCUSED NO.2 (PC NO.98/2023) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC NIPANI FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT INSOFAR AS - 3 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P.NO.101243/2024: BETWEEN: MRS. KEERTHANA K., AGE: 36 YEARS, OCC: NIL, R/O: MAHESH FOUNDATION, 3RD CROSS, MATHADKANI ROAD, URWA MANGALORE – 575 001, (WRONGLY SHOWN AS KIRTANA K) …PETITIONER (BY SRI. SHARAD V. MAGADUM, ADVOCATE) AND: 1. SRI. PRAVEEN PRAKASH PAWAR, AGE: 31 YEARS, O CC: LECTURER, R/O: BENADI, TQ: NIPPANI, DIST: BELAGAVI – 591 237. 2. SRI. RATHISH B.N. S/O. NARAYAN B., AGE: 35 YEARS, OCC: MANAGING TRUSTEE, R/O: MAHESH FOUNDATION, 3RD CROSS, MATADKANI ROAD, URWA MANGALORE – 575 006. …RESPONDENTS (BY SMT. POOJA P., ADVOCATE FOR SRI. VADIRAJA P., ADVOCATE FOR R1; R2 – SERVED ) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.170/2023 (PC NO.95/2023) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC NIPANI FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I.ACT INSOFAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. - 4 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 IN CRL.P.NO.101244/2024: BETWEEN: MRS. KEERTHANA K., AGE: 36 YEARS, OCC: NIL, R/O: URWA MANGALORE, (WRONGLY SHOWN AS KIRTANA K) PIN CODE – 575 001. …PETITIONER (BY SRI. SHARAD V. MAGADUM, ADVOCATE) AND: 1. SMT. SAVITA VITHALRAO VADAVANE, AGE: 49 YEARS, OCC: SERVICE, R/O: SASANE GALLI, NIPPANI, TQ: NIPPANI, DIST: BELAGAVI – 591 237. 2. SRI. RATHISH B.N. S/O. NARAYAN B., AGE: 35 YEARS, OCC: MANAGING TRUSTEE, R/O: MAHESH FOUNDATION, 3RD CROSS, MATADKANI ROAD, URWA MANGALORE – 575 006. …RESPONDENTS (BY SMT. POOJA P., ADVOCATE FOR SRI. VADIRAJA P., ADVOCATE FOR R1; R2 – SERVED ) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.171/2023 (PC NO.102/2023) ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC NIPANI FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I.ACT INSOFAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 5 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 ORAL ORDER Criminal Petition No.101241/2024 is filed by accused No.2 praying to quash the proceedings in C.C. No.172/2023 pending on the file of the learned Senior Civil Judge and JMFC, Nipani, registered for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the NI’, for short). 2. Criminal Petition No.101242/2024 is filed by accused No.2 praying to quash the proceedings in C.C. No.173/2023 pending on the file of the learned Senior Civil Judge and JMFC, Nipani, registered for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. Criminal Petition No.101243/2024 is filed by accused No.2 praying to quash the proceedings in C.C. No.170/2023 pending on the file of the learned Senior Civil Judge and JMFC, Nipani, registered for the offence - 6 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 punishable under Section 138 of the Negotiable Instruments Act. 4. Criminal Petition No.101244/2024 is filed by accused No.2 praying to quash the proceedings in C.C. No.171/2023 pending on the file of the learned Senior Civil Judge and JMFC, Nipani, registered for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘the NI’, for short). 5. Respondent No.1 in all the petitions initiated proceedings against the petitioner/accused No.2 and respondent No.2/accused No.1 for the offence under Section 138 of NI Act. It is the case of respondent No.1 before the trial Court in all the 4 petitions that, they have been appointed in the Trust by name Mahesh Foundation, Mangalore, and the salary due to them has not been paid and hence cheques have been issued towards payment of arrears of salary and they have been dishonoured for want of funds in the account of the accused. Accused No.1 is - 7 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 the Managing Trustee and accused No.2 is the Finance Executive of Mahesh Foundation, Mangalore. The cheques issued in favour of respondent No.1 in all the petitions are signed by accused Nos.1 and 2. The petitioner/accused No.2 sought quashing of the proceedings on the ground that, she was also an employee in the said Mahesh Foundation, working as Finance Executive and she has tendered resignation letter dated 23.05.2022 and it has been accepted and she is relieved from service from 24.06.2022 and as the cheques are issued in October 2022, she is not liable for prosecution under Section 138 of NI Act. 6. Learned counsel for the petitioner placing reliance on the resignation letter and the relieving letter would contend that, though the petitioner/accused No.2 is a joint signatory to the cheques, she is not liable, as she has resigned and is relieved from service in June 2022. On that point, the learned counsel has placed reliance on the following decisions: - 8 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 i. Rajesh Viren Shah v. Redington India Limited1 ii. Siby Thomas v. Somany Ceramics Limited2 On these grounds, learned counsel has prayed for quashing of the proceedings. 7. Learned counsel for respondents No.1 would contend that the petitioner/accused No.2 is one of the signatories to the cheques in question along with accused No.1. Whether the petitioner/accused No.2 has resigned from service during May 2022 and her resignation is accepted and she is relieved from service, is a matter of defense which has to be established at the trial. With this, she prayed for dismissal of the petitions. 8. Having heard the learned counsel, the Court has perused the material placed on record. 9. Admittedly, the petitioner/accused No.2 is one of the signatories to the cheques in question. Respondent 1 (2024) 4 SCC 305 2 (2024) 1 SCC 348 - 9 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 No.2 herein is accused No.1 and he is also a signatory to the cheques. Accused No.1 is the Managing Trustee of Mahesh Foundation and the petitioner/accused No.2 is the Finance Executive of Mahesh Foundation. The said cheques are issued to the complainants for making payments towards arrears of salary and the cheques were issued during October 2022. It is the contention of the petitioner that she tendered her resignation on 23.05.2022 and her resignation has been accepted and she has been relieved from service from 24.06.2022. The said two documents (copies) i.e., resignation letter and relieving letter are produced by the petitioner. 10. Whether the petitioner/accused No.2 has resigned from her Senior Executive post at Mahesh Foundation, Mangalore, during May/June 2022, which is her defense, has to be established at trial. The cases relied upon by the learned counsel for the petitioner pertains to arraigning of the Directors, who have not issued the cheques. In the said cases, the resignation of - 10 - NC: 2025:KHC-D:5501 CRL.P No. 101241 of 2024 C/W CRL.P No. 101242 of 2024 CRL.P No. 101243 of 2024 CRL.P No. 101244 of 2024 the Directors has been accepted and intimated to the concerned authorities and as they were not signatories to the cheque, their case has been considered for quashing. Therefore, the facts of the present case and the facts of the said two cases are different and hence the said decisions do not apply to the facts of the case on hand. 11. Considering all these aspects, the petitioner has not made out a case for quashing of the proceedings against her as sought for. In the result, all the 4 petitions are dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC