- 1 - HC-KAR NC: 2025:KHC:42909 CRL.P No. 11261 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.11261 OF 2023 (482 (Cr.PC)/528(BNSS)) BETWEEN: 1. MR. KARAN MANISH TEJANI AGED ABOUT 28 YEARS, RESIDING AT FLAT NO.14A 14TH FLOOR, SOLITAIRE A BUILDING COSMOS JEWEL, NEAR D MART MALL, GHODBUNDER ROAD, THANE, WEST-400 615. …PETITIONER (BY SRI. RANJAN KUMAR K., ADVOCATE) AND: 1. MS. DAEVI PRAKASH SHETH AGED ABOUT 27 YEARS, RESIDING AT 1103 SULSA APARTMENT 254-RIDGE ROAD, MALABAR HILL MUMBAI-400 006. …RESPONDENT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42909 CRL.P No. 11261 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE DATED 29.07.2022 AND REGISTERING OF COMPLAINT ON C.C.NO.467/2022 AGAINST THE PETITIONER IN THE COMPLAINT FILED BY THE RESPONDENT UNDER SECTION 200 PENDING BEFORE THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC., AT PUTTUR FOR THE OFFENCE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, ETC. THIS PETITION, COMING ON FOR ADMISSION THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The case of the petitioner is that he stood as a guarantor for the money payable by his father to the respondent and issued the cheque, which is the subject matter of the criminal petition. It is submitted that the respondent has presented the cheques of both the petitioner as well as his father and both have been dishonoured. It is submitted that the respondent is - 3 - HC-KAR NC: 2025:KHC:42909 CRL.P No. 11261 of 2023 entitled to recover the amount mentioned in one of the cheques and not both the cheques. However, the respondent has initiated the proceedings under the Negotiable Instruments Act, 1881, against both the petitioner as well as his father. The present case pertains only to the cheque issued by the petitioner alone and not his father. It is submitted that the cheque is drawn on Janata Sahakari Bank Ltd., Pune, having its branch at Thane. 2. Per contra, the respondent submits that the cheque has been issued towards a legally dischargeable debt and the respondent is having a right to recover the debt either from the principal borrower or from the guarantor under the law. As there was a default committed by the principal borrower, the cheque of the guarantor also has been presented in the Bank and the same has been dishonored. It is submitted that liability of the petitioner and his father are joint and several, and hence, the cheque issued has to be considered towards a legally dischargeable debt. - 4 - HC-KAR NC: 2025:KHC:42909 CRL.P No. 11261 of 2023 3. In respect of liability in a loan transaction, both the principal borrower and guarantor are generally liable to repay the debts. Their liability is joint and several. The lender is at liberty to proceed against either of them unless the contract or a specific law prohibits the same. The onus is on the guarantor who takes up a contention that the money cannot be recovered from him to establish the same. In the present case, no such provision in the contract or law is shown by the petitioner. It is further admitted that the cheque has been issued as a guarantor's cheque to the legally dischargeable debt of the principal borrower. Under the said circumstances, quashing of the proceedings pending before the trial Court filed under the provisions of the Negotiable Instruments Act does not arise. 4. Further, a complaint can be lodged in the Court having jurisdiction over the drawer or Drawee's Bank. - 5 - HC-KAR NC: 2025:KHC:42909 CRL.P No. 11261 of 2023 5. I do not see any infirmity in entertaining the private complaint by the Principal Civil Judge and JMFC, Puttur, Dakshina Kannada, under the given facts and circumstances of the case. For the aforementioned reasons, the criminal petition being devoid of merits is hereby dismissed. Sd/- (M.I.ARUN) JUDGE hkh.