- 1 - NC: 2025:KHC-D:6967 CRL.P No. 101080 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101080 OF 2024 BETWEEN: SRIPAD S/O. MAHABALESHWAR BHATTA, AGE: 57 YEARS, OCC: BUSINESS, R/O: ASTA BUILDING DEVIKERE CIRCLE SHIRASI, TQ: SIRSI, DIST: UTTARA KANNADA, ALSO AT R/O: CHIPAGI HUTGARMANE, TQ: SIRSI, DIST: UTTAR KANNAD. …PETITIONER (BY SRI. A. C. CHAKALABBI AND ASSOCIATES, ADVOCATE) AND: SRI. MRUTYUNJAYA S/O. SHADAKSHARAYYA HIREMATH, AGE: 40 YEARS, OCC: AGRICULTURE AND BUSINESS, CLASS-I ELECTRICAL R/O: MUTTUR, TQ: BYADGI, DIST: HAVERI, NOW AT SANGAMESHWAR NAGAR, 3RD CROSS, GUMMANAHALLI ROAD, BYADGI, TQ: BYDGI, D IST: HAVERI – 581 106. …RESPONDENT (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., 1973 SEEKING TO ALLOW THE ABOVE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT, BYADGI AT HAVERI IN CC NO.460/2023 PUNISHABLE UNDER SECTION 138 OF N.I. ACT, INSOFOR AS THE PETITIONER IS CONCERNED AND GRANT ANY OTHER RELIEF IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6967 CRL.P No. 101080 of 2024 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C. 460/2023 pending on the file of Civil Judge and JMFC, Byadagi registered for offences punishable under Section 138 of the Negotiable Instruments Act, 1881(hereinafter referred to as “N.I Act’ for brevity) 2. Heard learned counsel for the petitioner and learned counsel for the respondent. 3. The respondent has filed complaint against the petitioner in P.C. No.117/2023 for offence punishable under Section 138 of the N.I Act. Learned Magistrate has taken cognizance and registered Criminal Case No.460/2023 against the petitioner for offence punishable under Section 138 of the N.I Act. - 3 - NC: 2025:KHC-D:6967 CRL.P No. 101080 of 2024 The proceedings of the said criminal case are sought to be quashed in this petition. 4. The cheque stated to be issued by the petitioner infavour of M/s Vijaylaxmi Spices for Rs.30,00,000/- (rupees Thirty Lakhs only) and it is dated 27.09.2023. M/s Vijaylaxmi Spices is payee under cheque. The complaint is filed by Sri Mrutyunjaya S/o Shadaksharayya Hiremath who is respondent herein. The complaint is filed in his individual name by the respondent. On perusal of documents produced by learned counsel for the respondent, M/s Vijaylaxmi Spices is partnership firm and there are two partners i.e. No.1 -Sri Mrutyunjaya S/o Shadaksharayya Hiremath -(respondent herein) and No.2. Sri Adaviswami S/o Shadaksharayya Hiremath. The complaint is not filed by the partnership firm i.e. M/s Vijaylaxmi Spices. It is filed by Sri Mrutyunjaya S/o Shadaksharayya Hiremath - 4 - NC: 2025:KHC-D:6967 CRL.P No. 101080 of 2024 (respondent) in his individual capacity. Therefore, drawee/payee is not complainant. As per Section 142 (1)(a) of the N.I Act, complaint has to be filed by the payee of the cheque. In the case on hand, the complaint is not filed by the payee i.e. M/s Vijaylaxmi Spices. The complaint is filed by Sri Mrutyunjaya S/o Shadaksharayya Hiremath and he is not the payee. Therefore, proceedings initiated by Sri Mrutyunjaya S/o Shadaksharayya Hiremath against the petitioner – accused are not in accordance with Section 142 of the N.I Act. Therefore, proceedings against the petitioner –accused in C.C.No.460/2023 requires to be quashed. 5. In the result, the following ORDER I) The petition is allowed. II) The proceedings against the petitioner – accused in C.C.No.460/2023 pending on the - 5 - NC: 2025:KHC-D:6967 CRL.P No. 101080 of 2024 file of the Civil Judge and JMFC, Byadagi are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT-ASC List No.: 1 Sl No.: 16