- 1 - HC-KAR NC: 2025:KHC:49084 CRL.P No. 5633 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5633 OF 2025 BETWEEN: SRI NAGESH T. K. S/O. KADAIAH, AGED ABOUT 49 YEARS, R/O. NO. 173, DEVARAHOSAHALLI ROAD, YELEKERI, CHENNAPATNA TOWN. RAMANAGARA DISTRICT - 562 160 …PETITIONER (BY SRI. RAMESH K.R., ADVOCATE) AND: SMT RATHNA S. W/O. RAMAKRISHNEGOWDA, AGED ABOUT 47 YEARS, R/O. BYALADAKERE VILLAGE, SHEELANERE HOBLI, K.R. PETE TALUK, MANDYA DISTRICT - 571 426 …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.05.2024 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, K.R.PETE, IN PCR NO.45/2024 TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S. 138 OF N.I. ACT AND THE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CC.NO.305/2024 BEFORE THE ADDL. CIVIL JUDGE AND JMFC, K.R.PETE AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49084 CRL.P No. 5633 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is seeking to quash the impugned order dated 03.05.2024 passed by the learned Magistrate taking cognizance of the offence punishable under Section 138 of the NI Act, and the consequent proceedings pending in C.C.No.305/2024 on the file of the Court of Additional Civil Judge and JMFC K.R.Pete. 2. Respondent herein initiated the above proceedings against the petitioner alleging that the cheque issued by him for a sum of Rs.8,00,000/- was dishonoured with endorsement, "payment stopped by the drawer". 3. The proceedings are sought to be quashed on the ground that the petitioner against whom the complaint is filed is nothing to do with any transaction with the complainant and the cheque in question was given to one Manjunath and it was misplaced by him and the said cheque has been misused by the complainant. - 3 - HC-KAR NC: 2025:KHC:49084 CRL.P No. 5633 of 2025 4. The contention raised by the learned counsel for the petitioner for quashing the proceedings cannot be accepted. As per the complaint averments, the cheque in question was issued relating to some transaction and the said cheque was dishonoured when presented to the bank, pursuant to which a notice was issued to the petitioner for which there was no reply sent. Complying the mandatory provisions, the complaint has been filed before the trial Court. There is no error in the order taking cognizance by the learned Magistrate or initiation of proceedings against the petitioner. The contentions now raised can be taken before the trial Court, at the appropriate stage. petition is dismissed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 31 CT-SG