- 1 - HC-KAR NC: 2025:KHC:46895 CRL.P No. 13027 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13027 OF 2025 BETWEEN: 1. SRI KARTHIK @ KARTHIKEYAN PARIVALLAL S/O PARIVALLAL, AGED ABOUT 44 YEARS, RESIDING AT NO. 1223, 11TH CROSS, 24TH MAIN ROAD, HSR LAYOUT, BANGALORE- 560 102 2. SMT.P. VALARAMATHI, W/O SRI. PARIVALLAL AGED ABOUT 65 YEARS, PROPRIETRIX OF M/S ADVANCE ECO RESOURCES MANAGEMENT, RESIDING AT NO.87/1, HEELAIGE VILLAGE, HOSUR ROAD, BANGALORE- 560 081 3. SRI. PARIVALLAL S/O LATE RAMASWAMY AGED ABOUT 70 YEARS, ALL ARE RESIDING AT NO.1223, 11TH CROSS, 24TH MAIN ROAD, HSR LAYOUT, BANGALORE- 560 102 …PETITIONERS (BY SRI. ANANDEESWARA D R., ADVOCATE) AND: SRI.KULANDAISWAMY S/O SRI. SANTHIAGO, AGEED ABOUT 65 YEARS, RESIDING AT NO. 10, 8TH CROSS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46895 CRL.P No. 13027 of 2025 PRASHANTHNAGAR, BANGALORE- 560 079. …RESPONDENT (BY SRI. SHREEDHARA B E., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.32878/2024 PENDING IN THE COURT 23RD ADDL. CJM, BENGALURU INITIATED BY THE RESPONDENTS FOR THE OFFENCE P/U/S. SEC.138 OF N.I. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners' are seeking to quash the entire proceedings in C.C.No.32878/2024 pending on the file of 23rd Additional Chief Judicial Magistrate, Bengaluru, initiated by the respondent for the offence punishable under Section 138 of the NI Act. 2. As per complaint averments, respondent / complainant has rented a portion of his property bearing Sy.No.289/1, Doddabele village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural - 3 - HC-KAR NC: 2025:KHC:46895 CRL.P No. 13027 of 2025 to the second petitioner as per rental agreement dated 15.04.2022 for using it as a godown for running business by the first and third petitioners on receipt of interest free advance of Rs.4,00,000/- for a period of 11 months. As per the terms and conditions agreed upon in the rental agreement, all the accused agreed to pay monthly rental advance of Rs.1,08,000/-. Further, the rental agreement was extended from time to time on enhancing 5% of the rental amount based upon mutual understanding between complainant and the petitioners. 3. It is the case of the complainant that the accused were irregular in making payment of the rental amount, and when he requested them to vacate the premises after paying arrears of rent, first accused issued two cheques bearing No.000032 dated 06.05.2024 and 000033 dated 13.05.2024 both drawn on HDFC Bank Limited, HSR Layout, Bengaluru for a sum of of Rs.7,97,801/- and Rs.7,97,801/- respectively. The said cheques when presented to the Bank, came to be - 4 - HC-KAR NC: 2025:KHC:46895 CRL.P No. 13027 of 2025 dishonoured with an endorsement "funds insufficient and payment stopped by drawer". 4. As could be seen from the complaint averments, cheques were issued by accused No.1 i.e., petitioner No.1 herein, towards the arrears of rents payable in respect of the premises belonging to the complainant. The said accused has maintained an account in the HDFC Bank Limited, HSR Layout, Bengaluru. Merely because there is an agreement, as per which, premises was rented out to the second accused to use it as a godown and all the accused have agreed to pay the monthly rental amount to the complainant, that itself will not give a cause of action to prosecute all the accused under Section 138 of the NI Act. Admittedly, even as per complaint averments, the cheques were issued by accused No.1, which were dishonoured when presented to the Bank. The complainant should have proceeded against the said accused No.1 for committing an offence under Section 138 of the NI Act and not against accused Nos.2 and 3, - 5 - HC-KAR NC: 2025:KHC:46895 CRL.P No. 13027 of 2025 who are said to have agreed to pay monthly rental amount. Proceeding against the second and third accused who are not at all signatory to the cheques, is an abuse of process of law. Hence, the proceedings in C.C.No.32878/2024 pending before the 22nd Additional Chief Judicial Magistrate, Bengaluru insofar as the petitioner Nos.2 and 3 / accused Nos.2 and 3 are quashed. The trial Court shall proceed against accused No.1 in accordance with law. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 42