- 1 - HC-KAR NC: 2025:KHC:49175 CRL.P No. 6783 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.6783 OF 2020 (482 (Cr.PC)/528(BNSS)) BETWEEN: 1. MR. AMITAVA SAMANTA AGED 39 YEARS S/O LATE SHRI. DILIPKUMAR SAMANTA, NO.1/2, PURBACAHAL NORTH NIBEDITA ROAD, HALTU PO-HALTU, KOLKATA-700 078. …PETITIONER (BY SRI CAPT. ASHOK NAIK, ADVOCATE) AND: 1. M/S. KURLON LIMITED NO.302, 3RD FLOOR, NORTH BLOCK, MANIPAL CENTER, NO.47, DICKENSON ROAD, BANGALORE-560 042 REPRESENTED BY AUTHORISED SIGNATORY AND SECRETARIAL OFFICER MR. S. KRISHNA PRASAD. …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.54697/2019 (P.C.R. NO.54035/2019), ON THE FILE OF HON'BLE COURT OF THE XXXIV A.C.M.M., BENGALURU, INITIATED AGAINST THE PETITIONER, ETC. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49175 CRL.P No. 6783 of 2020 THIS PETITION, COMING ON FOR ORDERS 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 respondent has initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') against the petitioner herein in C.C.No.54697/2019 pending on the file of the XXXIV Additional Chief Metropolitan Magistrate, Bangalore. The present criminal petition is filed challenging the same with the following prayers:- "(i) Quash the proceedings in C.C.No.54697/2019 (P.C.R.No.54035/2019), on the file of the Hon'ble Court of the XXXIV A.C.M.M. Bangalore, initiated against the Petitioner. (ii) Grant such other relief or reliefs as deemed fit proper in the circumstances of the case." 2. The case of the petitioner is that one M/s.India Green Reality Limited had borrowed a loan from the respondent herein and that the petitioner being a Director of the said Company and as a personal guarantor has issued a cheque in favour of the respondent in his personal capacity. It is his - 3 - HC-KAR NC: 2025:KHC:49175 CRL.P No. 6783 of 2020 contention that the respondent ought to have made M/s.India Green Reality Limited, a party to the proceedings, which it has not done before the trial Court. On the said ground, it is prayed that the proceedings in C.C.No.54697/2019 be quashed. 3. Under Section 138 of the of the Negotiable Instruments Act, 1881, when a person issues a cheque towards a legally dischargeable debt and the same is dishonoured, then in that event, proceedings can be initiated against him by the person in whose favour the cheque was issued. In the instant case, admittedly, the petitioner has issued a cheque as a guarantor in his personal capacity in favour of the respondent. The respondent has deposited the same in the Bank and the same has been dishonoured. Under the circumstances, the respondent can only implead the petitioner as an accused and not the Company in proceedings initiated under Section 138 of the Act and it has been rightly done so. 4. Whether the petitioner is liable to pay the amounts or not is a matter of trial, which has to be decided by the trial Court. There is no error in the manner in which the proceedings in C.C.No.54697/2019 have been conducted. - 4 - HC-KAR NC: 2025:KHC:49175 CRL.P No. 6783 of 2020 5. For the aforementioned reasons, I do not see it as a fit case to interfere in exercise of this Court's powers under Section 482 of Cr.P.C. and accordingly the petition is dismissed. 6. Pending interlocutory applications, if any, stand disposed of. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 18