- 1 - HC-KAR NC: 2025:KHC-D:10911 CRL.P No. 102237 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102237 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: RAGHU S/O ASHOK NAIK, AGE ABOUT 37 YEARS, OCC. BUSINESS, R/O. KASABAKENI, KENI, ANKOLA-581 314, TQ. ANKOLA, DIST. UTTAR KANNADA. … PETITIONER (BY SRI. D.J. NAIK, ADVOCATE) AND: SUNIL S/O SHRISHAILAPPA SANIKOP, AGE ABOUT 48 YEARS, OCC. LEGAL PRACTITIONER, R/O. CTS NO.7511, SECTOR-II, MAHANTESH NAGAR, BELAGAVI, TQ. BELAGAVI, DIST. BELAGAVI. … RESPONDENT (BY *SRI. SHARAD V. MAGDUM, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE C.C. NO.195/2023 AND THE ORDER DATED 19.06.2023 ON THE FILE OF THE J.M.F.C. VIII COURT, BELAGAVI UNDER SECTION 138 OF NI ACT AND QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE J.M.F.C VIII COURT, BELAGAVI IN C.C. NO.195/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: *Corrected vide Court order dated 17.09.2025. Sd/- (SVSJ) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10911 CRL.P No. 102237 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.195/2023 pending before the Court of JMFC VIII, Belagavi, for the offences punishable under Section 138 of Negotiable Instruments Act. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that cheque in question was dishonoured by the drawee Bank for the reason that some alterations were found in the said instrument and therefore, offence punishable under Section 138 of the Negotiable Instruments Act does not get attracted. He submits that cheque in question was issued for a sum of ₹30,000/- and after alteration cheque in question is for a sum of ₹2,30,000/- and the amount covered under the cheque in question is therefore not a legally recoverable debt. - 3 - HC-KAR NC: 2025:KHC-D:10911 CRL.P No. 102237 of 2024 4. Per contra, learned counsel for the respondent has opposed the prayer. She submits that the contention urged on behalf of the petitioner is a matter of trial. The alterations made in the cheque in question have been countersigned by the petitioner, which is not in dispute. Accordingly, she prays to dismiss the petition. 5. Respondent who is an advocate, has initiated proceedings against the petitioner for offence punishable under Section 138 of the N.I. Act, contending that the cheque in question issued for a sum of ₹2,30,000/- towards payment of his fees was dishonoured. The said proceedings has been questioned by the petitioner on the ground that cheque in question has been returned for the reason that there are certain alterations found in the instrument and not for the reason that no sufficient amount was available in the bank account of the petitioner. Perusal of the cheque in question would go to show that alterations are made both in the figure and words of the amount. It is found that the said alterations are countersigned by the petitioner and the - 4 - HC-KAR NC: 2025:KHC-D:10911 CRL.P No. 102237 of 2024 counter signatures found in the instrument is not disputed by the learned counsel for the petitioner. If that is so, merely for the reason that the bank has dishonoured the cheque in question was the reason that there are certain alterations found in the instrument, it cannot be said that petitioner cannot be prosecuted for the alleged offence. 6. The question whether the amount covered under the cheque in question is a legally recoverable debt or not, is a subject matter of trial. Petitioner has not disputed the signatures found in the cheque in question and also the counter signatures found at the places where alterations are found in the cheque in question. Respondent has initiated proceedings against the petitioner for offence punishable under Section 138 of the Negotiable Instruments Act, after complying all the statutory requirements as provided under the Negotiable Instruments Act. Since the cheque is undisputedly drawn on the bank account of the petitioner and the signature and the counter signatures found on the cheque in question are not in dispute, a legal presumption - 5 - HC-KAR NC: 2025:KHC-D:10911 CRL.P No. 102237 of 2024 as provided under Section 139 of the Negotiable Instruments Act arises against the petitioner and it is for him to rebut the same successfully before the trial Court, failing which he will be held liable for offence punishable under Section 138 of the Negotiable Instruments Act. Under the circumstances, I do not find any good ground to entertain this petition. Accordingly, petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 94 - 6 - HC-KAR NC: 2025:KHC-D:10911 CRL.P No. 102237 of 2024 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [RAGHU S/O ASHOK NAIK VS. SUNIL S/O SHRISHAILAPPA SANIKOP] 17.09.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE S.VISHWAJITH SHETTY ORAL ORDER ON ‘BEING SPOKEN TO; It is brought to the notice of this Court that in the cause title of the petition, the name of Sri Sharad V Magdum, advocate for the respondent has not been typed by mistake and instead, name of learned HCGP has been shown as appearing on behalf of the respondent. Registry is therefore directed to carry out necessary correction in the cause title of the petition and issue a fresh certified copy of the order to the parties. Sd/- ( S.VISHWAJITH SHETTY) JUDGE kgk List No.: 1 Sl No.: 1