- 1 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10357 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. ALLAM INFINITE INDIA PVT LTD A PRIVATE LIMITED COMPANY, HAVING ITS REGISTERED OFFICE AT G.M.PEARL, NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068 REP. BY ITS MANAGING DIRECTOR MR. IRFAN AABED KHAN 2. MR. IRFAN AABED KHAN, DIRECTOR, ALLAM INFINITE INDIA PVT. LTD., G.M.PEARL NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068. 3. MR. DUGGI VENKATA SRINIVASA RAO, DIRECTOR, ALLAM INFINITE INDIA PVT. LTD., G.M.PEARL NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 4. GULAM MUSTAFA ENTERPRISES PVT LTD., G.M.PEARL. NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068. REP BY ITS MANAGING DIRECTOR. 5. MR. MATATHIL JACOB STEPHEN, DIRECTOR, GULAM MUSTAFA ENTERPRISES PVT. LTD., G.M.PEARL NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068. 6. MR. SHANAVASHKHAN, DIRECTOR, GULAM MUSTAFA ENTERPRISES PVT. LTD., G.M.PEARL NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068. 7. G M INFINITE DWELLING INDIA PVT LTD G.M.PEARL NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068. REP. BY ITS MANAGING DIRECTOR. 8. MR. JAWID HUSSAIN DIRECTOR, G M INFINITE DWELLING INDIA PVT. LTD., G.M.PEARL NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068. 9. MR. GULAM MUSTAFA, DIRECTOR, - 3 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 G M INFINITE DWELLING INDIA PVT. LTD., G.M.PEARL NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068. 10. MRS. KIRTI AGARWAL DIRECTOR, G M INFINITE DWELLING INDIA PVT. LTD., G.M.PEARL NO.06, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE - 560068. …PETITIONERS (BY SRI. N UDAYKUMAR, ADVOCATE) AND: M/S SIMPOLO SANITATION A REGISTERED PARTNERSHIP FIRM OFFICE NO. 79/1 AND 144-1-9 KALKERE MAIN ROAD, HORAMAVU VILLAGE, BANGALORE - 560043 REP BY ITS GENERAL MANAGER MR. DIVYESH KUMAR. …RESPONDENT (BY SRI. SANKET M YENAGI, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.5724/2023 U/S 138 OF N.I. ACT, PENDING BEFORE THE 14TH ASCJ AND ACMM, AT BANGALORE (SCCH-10) AND FURTHER BE PLEASED TO PASS ANY OTHER ORDER COMMENSURATING WITH THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners who are arraigned as accused Nos.1 to 10 have filed this petition under Section 482 Cr.P.C to quash the criminal proceedings initiated against him in C.C.No.5724/2023 on the file of 14th ASCJ & ACMM, Bengaluru, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 ('N.I Act' for short). 2. For the sake of convenience, the parties are referred to by their ranks before the trial Court. 3. In support of the petition, petitioners have contended that they are innocent to the offence alleged. Accused No.1 Allam Infinite India Pvt. Ltd, accused No.4 Gulam Mustafa Enterprises Pvt. Ltd and accused No.7 G.M Infinite Dwelling India Pvt. Ltd are three different companies having different Directors. The complaint averments indicate that material was supplied to accused - 5 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 Nos.1 to 3 and ₹78,92,743/- was due as on 31.01.2023 and cheques were issued on behalf of accused No.1. 3.1 Complainant claim that it has supplied material worth Rs.4,63,857/- to accused Nos.4 to 6 and to accused Nos.7 to 10 worth ₹2,03,684/-. However, the cheques were not issued by accused Nos.4 to 10. Unnecessarily they have been arraigned as accused and the trial Court without verifying these aspects has issued summons. Accused No.10 has left the job. Accused No.6 has resigned from the post of Directorship. In the above facts and circumstances continuation of the proceedings would amount to abuse of the process of the Court and hence, the petition. 4. On the other hand learned counsel representing the respondent/complainant would submit that accused No.1 is a private company and accused Nos.2 and 3 are its Directors. - 6 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 4.1 Through Nos.2 and 3, accused No.1 company has purchased goods as detailed in the table. As on 31.01.2023, including interest at 24%, sum of ₹78,92,743/- was due. Similarly, through accused Nos.5 and 6, accused No.4 purchased goods as detailed in the table. As on 31.01.2023, including interest at 24% per annum, a sum of ₹3,23,758/- was due. Similarly, through accused Nos.8 to 10, accused No.7 has purchased goods as detailed in the table. As on 31.01.2023, including interest at 24% per annum, a sum of ₹2,63,159/- was due. 4.2 Accused Nos.1, 4 and 7 companies and the projects undertaken by them, as well as the remaining accused are interconnected. As on 31.01.2023, in all a sum of ₹84,79,660/- was due from accused Nos.1, 4 and 7. On behalf of all the accused, accused No.4 undertook to pay the amount due. At the first instance, it undertook to pay ₹75 lakhs by way of two separate cheques for ₹50 lakhs and 25 lakhs dated 31.01.2023. However, when presented, the - 7 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 cheques were returned dishonoured on the ground 'Account closed'. 4.3 Therefore, complainant got issued legal notice dated 02.03.2023 to accused Nos.1 to 10. Despite service of notice, they have neither paid the amount due nor sent any reply and therefore, without any alternative complaint is filed. Based on the material placed on record and in the light of sworn statement, the trial Court has rightly taken cognizance. The allegations made against accused require proof through full fledged trial and pray to dismiss the petition. 5. Heard arguments and perused the record. 6. Thus, petitioners are seeking quashing of criminal proceedings initiated against them, contending that even though the cheque in question was issued on behalf of accused No.4, of which accused Nos.5 and 6 are the Directors and the rest of the accused are have nothing to do - 8 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 with them, unnecessarily they are being prosecuted. It is argued by the learned counsel for accused that in the complaint, it is stated that notice dated 02.07.2022 was issued, but the complaint came to be filed on 06.04.2023 and it is barred by limitation. 7. It is the definite case of the complainant that as on 31.01.2023 in all a total sum of ₹84,79,660/- was due from all the accused persons. Accused Nos.1, 4 and 7 as well as the remaining accused, who are the Directors as well as the projects undertaken by them are interlinked and therefore, accused No.4 undertook to pay the amount due and at the first instance issued 2 cheque dated 31.01.2023 for ₹50 lakhs and 25 lakhs and on presentation, they were dishonoured on the ground that 'Account is closed' and therefore, it has filed a common complaint arraigning all parties in one complaint. 8. As rightly submitted by the learned counsel for complainant that the notice dated 02.07.2022, referred to by - 9 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 the complaint is not the statutory notice sent by the complainant. It is not preceded by the presentation of the cheque. Admittedly, the cheques are presented on 31.01.2023, after which notice dated 02.03.2023 was issued which is the statutory notice. According to the complainant, the notices are served on accused on 07.03.2023. Therefore, the complaint filed on 06.04.2023 is within limitation. 9. It is also relevant to note that accused have not sent reply to the legal notice, disclosing their defence at the earliest available opportunity. It is for the complainant to establish that all the three companies and their Managing Directors and Directors as well as the projects undertaken by them are interlinked and as such, accused No.4 undertook to pay the amount due in respect of all of them. Even in the worst scenario, the cheques issued by accused No.4 on behalf of the other two companies may at best be treated as by way of surety. All these aspects are required to be established in a full fledged trial. In this petition under - 10 - HC-KAR NC: 2025:KHC:30817 CRL.P No. 10357 of 2023 Section 482 Cr.P.C, the disputed facts cannot be decided. In the light of the same, petition fails and accordingly the following: ORDER (i) Petition filed by the petitioner/accused No.1 to 10 under Section 482 Cr.P.C is hereby rejected. (ii) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 61