- 1 - HC-KAR NC: 2025:KHC:31169 CRL.P No. 11495 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11495 OF 2025 BETWEEN: SRI. RAVIKUMAR S/O VENKATACHALAM, AGED ABOUT 58 YEARS, R/AT NO. 12, BALAJI NIVAS, 8TH MAIN, 4TH CROSS, S.B.M COLONY, BRINDAVAN NAGAR, MATHIKERE, BENGALURU - 560 054. …PETITIONER (BY SRI. VIPIN N, ADVOCATE) AND: SMT. MAHIMA W/O ANAND, AGED ABOUT 62 YEARS, R/AT NO.61, 5TH A CROSS, 8TH MAIN, S.B.M COLONY, BRINDAVAN NAGAR, MATHIKERE, BENGALURU - 560 054. …RESPONDENT THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO A. QUASH THE ENTIRE/FURTHER PROCEEDINGS IN THE CRIMINAL APPEAL NO.1501/2025 PENDING BEFORE THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, CCH-63 AT BENGALURU (ANNEXURE A). Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31169 CRL.P No. 11495 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned counsel for the petitioner, reiterating the grounds urged in the petition, has tried to persuade this Court to quash the proceedings pending in Crl.A.No.1501/2024 pending on the file of Prl. City Civil and Sessions Judge, Bangalore and to set aside the conviction order passed by the learned XII ACMM, Bangalore, in C.C.No.22982/2021 for the offence punishable under section 138 of the N.I.Act. 2. Heard learned counsel for the petitioner. Perused the records. 3. Having heard the learned counsel for the petitioner and on perusal of the material placed on record, this Court is of the considered view that the present - 3 - HC-KAR NC: 2025:KHC:31169 CRL.P No. 11495 of 2025 petition is wholly misconceived. The records clearly disclose that the petitioner has already been convicted by the learned Judicial Magistrate in C.C. No.22982/2021 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Once such a conviction order has been passed, the question of quashing the proceedings under Section 482 of the Code of Criminal Procedure, 1973 (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) does not arise, since there are no pending proceedings in the said case. The petitioner, having suffered a conviction, has already availed the statutory remedy of appeal, and the said appeal in Crl.A. No.1501/2025 is presently pending adjudication before the competent appellate court. 4. The principal contention urged by the petitioner is that the cheque in question was never issued by him and that he does not hold any account in the bank on which the cheque is purported to have been drawn. On this basis, it is contended that the essential ingredients of - 4 - HC-KAR NC: 2025:KHC:31169 CRL.P No. 11495 of 2025 the offence under Section 138 of the N.I. Act are not satisfied. However, a perusal of the judgment of conviction rendered by the learned Magistrate in C.C. No.22982/2021 reveals that the petitioner neither contested the trial proceedings nor entered the witness box, and further, that no rebuttal evidence was adduced on his behalf. In such circumstances, if the petitioner is in possession of documents or other material which, according to him, would establish that no offence under Section 138 of the N.I. Act is made out, such material must necessarily be produced before the appellate court in accordance with law. Once the conviction order has been passed, the scope of interference under Section 482 of the Cr.P.C. / Section 528 of the BNSS stands considerably narrowed, and this Court cannot embark upon an enquiry into the merits of the matter in exercise of such jurisdiction. 5. Accordingly, reserving liberty to the petitioner to pursue all permissible remedies in the pending appeal, the present petition stands dismissed. The judgment relied - 5 - HC-KAR NC: 2025:KHC:31169 CRL.P No. 11495 of 2025 upon by the learned counsel for the petitioner is distinguishable on facts and has no application to the case at hand. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 35 CT: BHK