- 1 - NC: 2025:KHC:6825 CRL.P No. 12356 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12356 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: M MAHESH REDDY, S/O MUNIYAPPA REDDY, AGED ABOUT 46 YEARS, R/A NO.53, 5TH ‘A’ CROSS, 21ST MAIN, MCHS COLONY, BTM SECOND STAGE, BENGALURU-560076 …PETITIONER (BY SRI. VENKATRAMANA M. K., ADVOCATE) AND: M/S SWIKRUTI VENTURES PRIVATE LIMITED, OFFICE AT NO.349, 15TH ‘A’ CROSS, 6TH MAIN, 6TH SECTOR, HSR LAYOUTM BENGALURU-560102 REPRESENTED BY ITS MANAGING DIRECTOR, MR GIRISH SHIVA PRAKASH, AGED 46 YEARS, …RESPONDENT (BY SRI. PRINCE ISAC, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.53224/2021 ON THE FILE OF THE V ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND XXIV ADDL.C.M.M., MAYO HALL (SCCH.NO.20) BENGALURU FOR THE ALLEGED OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6825 CRL.P No. 12356 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the accused in C.C.No.53224/2021 on the file of V Addl.Judge, Small Causes Judge and XXIV ACMM, Bangalore, is directed against the impugned order dated 06.07.2021 whereby the trial court took cognizance of the offence punishable under Section 138 of the N.I.Act and issued summons to the petitioner – accused. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the cheque in question dated 16.01.2021 was presented by the respondent – complainant before the Bank and the same was dishonoured with an endorsement ‘payment stopped by drawer’ dated 17.01.2021 and in pursuance of the same, a statutory notice dated 09.03.2021 having been issued by the respondent – complainant to the petitioner – accused, the petitioner having not complied with the same, the respondent filed the instant complaint on 04.06.2021 beyond the prescribed period of one year as - 3 - NC: 2025:KHC:6825 CRL.P No. 12356 of 2023 provided under Section 142(1)(b) of the N.I.Act. In this context, it is pertinent to note that though the said complaint was filed during the second wave of covid-19 pandemic and despite there being a delay in presentation of the complaint, the trial court has come to the erroneous conclusion that there is no delay in filing the complaint and consequently, without expressing any opinion on the merits/demerits of the rival claims, I deem it just and appropriate to set aside the impugned order and remit the matter back to the trial court for reconsideration afresh in accordance with law after taking into account the prevailing Covid-19 pandemic and proceed further in accordance with law. 4. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 06.07.2021 passed by the trial court taking cognizance of the offence and issuing summons to the petitioner is hereby set aside. (iii) The matter is remitted back to the trial court for reconsideration afresh in accordance with law and proceed further, - 4 - NC: 2025:KHC:6825 CRL.P No. 12356 of 2023 bearing in mind the Covid-19 pandemic after providing an opportunity to the respondent-complainant. (iv) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.