- 1 - HC-KAR NC: 2025:KHC:30497 WP No. 15896 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15896 OF 2025 (GM-RES) BETWEEN: MR. MANJUNATH P S/O PANDURANGA AGED ABOUT 52 YEARS R/AT GAJANAMUKHA NILAYA 5TH CROSS, 2ND STAGE VINOBHANAGARA SHIVAMOGGA - 577 301 …PETITIONER (BY SRI: SHRAVAN BHARADWAJ B.V., ADVOCATE) AND: SMT. GANGAMMA MOOTALLI C/O SANTHOOSH H.R AGED ABOUT 42 YEARS R/AT POLICE QUARTERS-2 MILITARY CAMP BHADRAVATHI TOWN SHIVAMOGGA DISTRICT - 577301 …RESPONDENT (BY SRI: RAHUL RAI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PROCEEDINGS IN CC. NO. 1420 OF 2024 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, BHADRAVATHI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT AGAINST THE PETITIONER HEREIN, Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30497 WP No. 15896 of 2025 AS PER ANNEXURE-A IN SO FAR AS PETITIONER IS CONCERNED AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This captioned petition is filed by the petitioner - accused seeking quashing of the proceedings pending in CC No.1420 of 2024 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. The brief facts leading to the present petition are as follows: The respondent-complainant presented for encashment of certain cheques allegedly issued by the petitioner-accused. Upon such presentation, the Bank returned the cheques unpaid with an endorsement stating "payment stopped by the drawer". Following the dishonor, the respondent issued a statutory legal notice dated 28.12.2023, calling upon the petitioner to make payment of the cheques amount within the prescribed time. As the petitioner failed to comply, the respondent instituted a private complaint under Section 200 of the Code of Criminal - 3 - HC-KAR NC: 2025:KHC:30497 WP No. 15896 of 2025 Procedure, 1973, alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”). 3. The learned Magistrate, upon recording the sworn statement of the complainant and being satisfied that the complaint disclosed the ingredients of the alleged offence, took cognizance and issued process to the petitioner. The petitioner, arrayed as the sole accused in the said proceedings, has now approached this Court under Section 482 of the Cr.P.C., seeking quashing of the criminal case. The primary ground urged is that the three cheques in question were allegedly obtained by coercion at the hands of the complainant’s husband, who is stated to be a Police Officer. It is contended that the cheques were not issued towards any legally enforceable debt or liability, and therefore, the very foundation of the complaint is untenable in law. 4. Having considered the rival submissions and perused the material on record, this Court finds no ground to exercise its inherent powers to interdict the proceedings at the threshold. It is well settled that in complaints under Section - 4 - HC-KAR NC: 2025:KHC:30497 WP No. 15896 of 2025 138 of the NI Act, there exists a statutory presumption under Section 139 of the NI Act in favour of the holder of the cheque, to the effect that the cheque was issued towards discharge, in whole or in part, of a legally enforceable debt or liability. This presumption, though rebuttable, casts the initial burden upon the accused to establish, by way of cogent evidence, that no such debt or liability existed at the time of issuance of the cheque. 5. The plea taken by the petitioner that the cheques were forcibly obtained by the complainant with the assistance of her husband, who is a Police Officer relates to disputed facts which necessarily require adjudication upon appreciation of evidence during trial. Such a defence cannot be examined in proceedings under Section 482 Cr.P.C., as it involves determination of factual controversies. The petitioner will have ample opportunity to rebut the statutory presumption and substantiate his defence before the Trial Court by leading appropriate evidence. - 5 - HC-KAR NC: 2025:KHC:30497 WP No. 15896 of 2025 6. In the above circumstances, this Court is of the considered view that the petition is devoid of merit and no interference is warranted in exercise of inherent jurisdiction. Accordingly, the writ petition stands dismissed. All contentions of the parties on merits are expressly kept open to be urged before the Trial Court. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 13