- 1 - HC-KAR NC: 2025:KHC:29497 WP No. 21922 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 21922 OF 2025 (GM-POLICE) BETWEEN: MR M B BASAVARAJ S/O BASAVAN GOWDA, AGED ABOUT 52 YEARS, NO.46, 2ND FLOOR, SUB-REGISTRAR'S OFFICE BUILDING, GANGANAGAR, BELLARY ROAD, BENGALURU-560032 MANAGING DIRECTOR, NANDI BUILDERS INDIA PRIVATE LIMITED. …PETITIONER (BY SRI. CHANDAN B.K., ADVOCATE FOR SRI. B. SIDDESWARA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY- ASSISTANT COMMISSIONER OF POLICE, HALSOOR DIVISION, BENGALURU-560008. 2. ARMY HOUSING CO-OPERATIVE SOCIETY LTD., NO.179, 9TH CROSS, 5TH MAIN, INDIRANAGAR 1ST STAGE, BENGALURU-560 038. (REP. BY ITS PRESIDENT, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29497 WP No. 21922 of 2025 MR.N.LAKHAMANA, SPECIAL OFFICER, ARMY HOUSING CO-OPERATIVE SOCIETY LTD) A REGISTERED CO-OPERATIVE SOCIETY UNDER THE ACT. …RESPONDENTS (BY SMT.K.P. YASHODHA ., AGA FOR R1; VIDE ORDER DATED 29.07.2025 NOTICE TO R2 IS DEFERED FOR PRESENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF IDNIA PRAYING TO- A) QUASHING THE IMPUGNED NOTICE DATED 03.07.2025 NO. 19/DHU AA/HSD/2024 AND 13.06.2024 NO. 191/DHU.AA/HSD/2024 ISSUED BY THE ASSISTANT COMMISSIONER OF POLICE, HALASURU SUB-DIVISION, BENGALURU, AS BEING ARBITRARY, ILLEGAL, AND IN VIOLATION OF THE PETITIONERS FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLES 14, 19 AND 21 OF THE CONSTITUTION OF INDIA PRODUCED AT ANNX-A AND A1; B) DIRECTION, RESTRAINING THE RESPONDENT POLICE OR ANY OF THEIR SUBORDINATES FROM INITIATING OR CONTINUING ANY ENQUIRY OR COERCIVE ACTION, INCLUDING ARREST, AGAINST THE PETITIONER IN CONNECTION WITH THE COMPLAINT LODGED BY THE VICE PRESIDENT, ARMY HOUSING CO-OPERATIVE SOCIETY LTD., BENGALURU, WHICH FORMS THE SUBJECT MATTER OF THE IMPUGNED NOTICE. - 3 - HC-KAR NC: 2025:KHC:29497 WP No. 21922 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has called in question the Notice dated 13.06.2024 [Annexure-A] issued by the first respondent at the instance of the second respondent. This Court, on the previous hearing date viz., 29.07.2025 has encapsulated the petitioner's grievance thus while directing the first respondent not to take any precipitative action. "The petitioner contends that the question i.e., whether he must be sentenced for return of certain cheques is pending consideration before this Court in a revision petition and notwithstanding the same, the impugned notices are issued at the instance of the complainant who has begun the aforesaid proceedings under the Negotiable Instruments Act, 1881. The learned counsel submits that there would - 4 - HC-KAR NC: 2025:KHC:29497 WP No. 21922 of 2025 be precipitation only to prevail upon the petitioner notwithstanding the pendency of the revision petition." This Court has also deferred notice to the second respondent. Sri Chandan B K for Sri B Siddeswara, the learned counsel on record for the petitioner, argues for disposal of the petition, in the light of the grievances aforesaid. Smt. K P Yashodha, the learned Additional Government Advocate for the first respondent, who was called upon to secure instructions, submits that the first respondent was not informed about the pending proceedings, and therefore, the notice may be quashed but without prejudice to the first respondent to re-examine all the circumstances and take appropriate action on law if there is occasion for the same. This Court finds the submission fair without prejudice to the petitioner. Hence, the following:- - 5 - HC-KAR NC: 2025:KHC:29497 WP No. 21922 of 2025 ORDER [a] The petition is allowed. [b] The impugned notice dated 03.07.2025 [Annexure-A] of the first respondent is quashed subject to the observation as aforesaid. SD/- (B M SHYAM PRASAD) JUDGE AN/-