- 1 - HC-KAR NC: 2025:KHC-D:11074 CRL.P No. 101597 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101597 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: 1. ANILKUMAR S/O RAMAKRISHNA, AGED ABOUT 39 YEARS, NO.1486, 28TH MAIN ROAD, SRIGANDHAD KAVALU NAGAR, BENGALURU-560 072. 2. M. SHIVAMURTRHY S/O MALLESHAPPA, AGED ABOUT 59 YEARS, NO.35, 12TH MAIN, NANDINI LAYOUT, BENGALURU-560 096. … PETITIONERS (BY SRI. RANJANKUMAR R. ADVOCATE FOR SRI. M. SHASHIDHARA AND SRI. HARISHKUMAR H.C., ADVOCATES) AND: 1. STATE OF KARNATAKA, BY VIDYANAGAR P.S., REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, AT: DHARWAD-580 011. 2. DR. MALLIKARJUN K. S/O KANNEGOWDA K.M., AGED ABOUT 46 YEARS, ASSOCIATE PROFESSOR, KANNADA DEPARTMENT, DAVANAGERE UNIVERSITY, DAVANAGERE-577 007. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CRIME NO.65/2023 OF RESPONDENT VIDYANAGAR POLICE, REGISTERED ON THE BASIS OF THE PCR NO.808/2023 FOR OFFENCE PUNISHABLE UNDER SECTIONS RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11074 CRL.P No. 101597 of 2023 419, 420, 463, 465, 474, 504 AND 506 OF IPC, WHICH IS PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND CJM HUBBALLI, AT HUBBALLI-DHARWAD, IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court with a prayer to quash the entire proceedings in Crime No.65/2023 registered by Vidyanagar Police Station, Hubballi-Dharwad, for the offences punishable under Sections 419, 420, 463, 465, 474, 504 & 506 of IPC, pending on the file of I Addl. Civil Judge & CJM, Hubballi. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioners submits that petitioner no.1 has initiated proceedings against respondent no.2 for the offence punishable under Section 138 of the N.I.Act, before the jurisdictional Court at Bengaluru in the year 2020. Notice in the said proceedings was served on respondent no.2 on 20.10.2022. It is only after service of notice in the said proceedings, as a counterblast, the impugned proceedings has been initiated against the petitioners herein based on the first information - 3 - HC-KAR NC: 2025:KHC-D:11074 CRL.P No. 101597 of 2023 submitted by respondent no.2 before Vidyanagar Police Station, Hubballi-Dharwad, on 13.06.2023. He submits that respondent no.2 has issued a reply to the legal notice issued on behalf of petitioner no.1 after the cheque issued by respondent no.2 in favour of petitioner no.1 was dishonoured by the drawee bank. Though the reply was given on 05.02.2020 itself, respondent no.2 has not approached the police till the month of June 2023 and only after notice in the proceedings initiated under Section 138 of the N.I.Act was served on respondent no.2, he has initated the impugned criminal proceedings. 4. Per contra, learned Counsel appearing for respondent no.2 who has opposed the petition submits that immediately after respondent no.2 had lost the cheques in question, he had approached the police in the year 2020 itself and had filed a complaint about the missing of his cheque leaves. He submits that after the reply notice was issued, petitioner no.2 had assured respondent no.2 that he will not be prosecuted for the offence under Section 138 of the N.I.Act. Therefore, he had not approached the police earlier. He submits that since the FIR has been registered for cognizable offences, investigation is required - 4 - HC-KAR NC: 2025:KHC-D:11074 CRL.P No. 101597 of 2023 to be done in the present case. Accordingly, he prays to dismiss the petition. 5. Perusal of the material made available to this Court would go to show that petitioner no.1 had got issued a legal notice dated 18.01.2020 to respondent no.2 herein after the cheque bearing No.721107 drawn on Syndicate Bank, Hubballi, on the account maintained by respondent no.2 issued in favour of petitioner no.1 for a sum of Rs.10 lakhs and another cheque bearing No.721108 for a sum of Rs.5 lakhs was dishonoured by the drawee bank. After service of the legal notice, respondent no.2 had got issued reply to the same on 05.02.2020 through his advocate. In the said reply, respondent no.2 had contended that cheques in question which were written and signed by him were lost, and therefore, he had approached the police and lodged a complaint regarding missing of the aforesaid cheque leaves. He also had instructed his bank to stop payment on the cheques in question. He had stated in his reply that accused no.2 – Shivanna, is a common friend and the cheques in question appears to have been stolen by him and handed over to - 5 - HC-KAR NC: 2025:KHC-D:11074 CRL.P No. 101597 of 2023 petitioner no.1 who inturn had presented the same for realization, and thereafter, issued the legal notice. 6. Respondent no.2 had taken a contention in his reply notice dated 05.02.2020 that he had already approached the police after he had lost the cheques in question had failed to initiate any further proceedings either against accused no.1 or accused no.2 who allegedly had stolen and misused the cheques belonging to him. It is only after the notice was served from the jurisdictional court of Magistrate at Bengaluru in the proceedings initiated by petitioner no.1 for the offence punishable under Section 138 of N.I.Act, respondent no.2 has thought it fit to initiate criminal proceedings as against accused nos.1 & 2. The explanation given by the learned Counsel for respondent no.2 for the inordinate delay in approaching the police is not satisfactory and the same cannot be accepted. 7. The writings found in the cheques in question and the signature found in the cheques in question are not in dispute. When such cheque leaves are lost, consequences of the same are serious. Therefore, it cannot be said that respondent no.2 - 6 - HC-KAR NC: 2025:KHC-D:11074 CRL.P No. 101597 of 2023 who is a Professor was not aware of the consequences after receiving the legal notice from petitioner no.1 contemplating action as provided under Section 138 of the N.I.Act against respondent no.2. The learned Magistrate having failed to appreciate this aspect of the matter, has mechanically referred the private complaint filed by respondent no.2 to the jurisdictional police under Section 156(3) of Cr.PC which has resulted in registering the impugned proceedings against the petitioners. 8. Perusal of the material on record would go to show that there is no strict compliance of Section 154(2) & 154(3) of Cr.PC in the present case, prior to respondent no.2 approaching the jurisdictional court of Magistrate and filing a private complaint against the petitioners. The impugned proceedings appears to have been initiated at Hubballi against the petitioners as a counterblast to the proceedings initiated by petitioner no.1 against respondent no.2 for the offence punishable under Section 138 of the N.I.Act before the jurisdictional Court of Magistrate at Bengaluru. The impugned proceedings appears to have been initiated to arm-twist and coerce petitioner no.1 who has - 7 - HC-KAR NC: 2025:KHC-D:11074 CRL.P No. 101597 of 2023 initiated proceedings under Section 138 of the N.I.Act against respondent no.2. If the said proceedings is allowed to continue, the same would amount to abuse of process of law, and therefore, in order to secure the ends of justice, the impugned criminal proceedings are liable to be quashed. Accordingly, the following order: 8. Petition is allowed. The entire proceedings in Crime No.65/2023 registered by Vidyanagar Police Station, Hubballi- Dharwad, for the offences punishable under Sections 419, 420, 463, 465, 474, 504 & 506 of IPC, pending on the file of I Addl. Civil Judge & CJM, Hubballi, stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KK CT:BCK LIST NO.: 1 SL NO.: 70