- 1 - HC-KAR NC: 2025:KHC:42808 CRL.P No. 9588 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.9588 OF 2022 (482 (Cr.PC)/528(BNSS)) BETWEEN: 1. SRI M C ASHOK S/O CHANNEGOWDA AGED ABOUT 52 YEARS R/AT LAKSHMIVENKATESHWARA COFFEE TRADING, VOKKALIGARA SANGHA COMPLEX AIT CIRCLE, KADUR ROAD CHIKKAMAGALURU TOWN AND DISTRICT-577 101 ALSO R/AT NO.C-183 3RD PHASE, BYPASS ROAD KALYANANAGARA CHIKAMANGALURU CITY CHIKAMANGALURU DISTRICT-577 101. …PETITIONER (BY SRI. GIRISHA R.J., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42808 CRL.P No. 9588 of 2022 AND: 1. SRI Y N PADMANABHA S/O LATE Y D NANJEGOWDA AGED ABOUT 50 YEARS R/AT RICE MILL OWNER MUDIGERE ROAD, BELUR TOWN HASSAN DISTRICT-615 144. …RESPONDENT (BY SMT. B.N. GAURI, ADVOCATE FOR SRI. SAMMITH S., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.181/2017 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BELUR HASSAN DISTRICT, IN THE INTEREST OF JUSTICE AND EQUTIY, 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:42808 CRL.P No. 9588 of 2022 ORAL ORDER The petitioner had issued a cheque in favour of the respondent for a sum of Rs.7,08,300/-. The cheque is dated 10.01.2014. It was drawn on State Bank of Mysuru, Chikkamagaluru Branch. The same has been dishonored for insufficiency of funds on 07.04.2014. Consequently, the respondent preferred a private complaint and it has given rise to C.C.No.181/2017 which is pending on the file of the Senior Civil Judge and JMFC, Belur, Hassan District. Aggrieved by the same, the present criminal petition is filed. 2. The case of the respondent/complainant is that the respondent is a Coffee grower and that the petitioner has purchased coffee from the respondent on credit and as a security, he has issued the said cheque, which has been dishonoured. That the cheque was presented by the respondent to its bankers only after the petitioner failed to pay the consideration as agreed upon. It is submitted that - 4 - HC-KAR NC: 2025:KHC:42808 CRL.P No. 9588 of 2022 the presentation of the cheque is towards recovering a legally dischargeable debt owed by the petitioner to the respondent and the complaint has been filed as the same has been dishonored. 3. Per contra, the petitioner submits that the cheque was issued towards security and was never meant for presentation for encashment. On the said ground, it is prayed that the proceedings in C.C.No.181/2017 be quashed. 4. Once a cheque has been issued and the same is not disputed, there is a presumption in favour of the holder that the cheque has been issued towards a legally dischargeable debt. Whether the same could not have been presented for encashment as per the terms of the agreement between the parties has to be proved before the trial Court and the onus is on the petitioner herein. 5. It is not in dispute that the cheque has been issued by the petitioner. It is also not in dispute that the same - 5 - HC-KAR NC: 2025:KHC:42808 CRL.P No. 9588 of 2022 has been presented as contemplated in law and it has been dishonored for insufficiency of funds. It is also not in dispute that the complaint has been filed in accordance with law. The only dispute that is raised is that the cheque was given as a security and should not have been presented by the complainant/respondent. 6. Even when a cheque is given towards a security and if the agreed amount is not paid by the person who has issued the cheque and in law, if the holder of the cheque is entitled to recover the money as mentioned in the said cheque by presenting the cheque, then in that event, the holder of the cheque does get a right to present the cheque given as a security. Whether such an eventuality has arisen or not is a matter to be decided in the trial Court. The same cannot be adjudicated over here. For the aforementioned reasons, the criminal petition being devoid of merits is hereby dismissed. - 6 - HC-KAR NC: 2025:KHC:42808 CRL.P No. 9588 of 2022 Pending I.As., if any, stand disposed of. hkh. List No.: 1 Sl No.: 25 Sd/- (M.I.ARUN) JUDGE