- 1 - HC-KAR NC: 2025:KHC-D:9596 CRL.P No. 102571 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102571 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI FAKKIRAPPA S/O VENKAPPA KUDARI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: H.NO.61, KANASAGERI VILLAGE, TQ: AND DIST: DHARWAD-587 122. … PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: HDFC BANK, CTS 5854 GROUND FLOOR, CONGRESS ROAD, TILAKWADI, BELAGAVI, R/BY DEPUTY MANAGER, RURAL BANKING GROUP REMEDIAL MANAGER, SANTOSH T. KUSAGUNDI, AGE: 36 YEARS, OCC: SERVICE, R/O: DEVRAJ URS COLONY, BELAGAVI, TQ: AND DIST: BELAGAVI-590 001. … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE ORDER DATED 26.03.2025 AND SO ALSO ENTIRE PROCEEDINGS IN CC NO.476/2024 PASSED BY THE JMFC-VIII BELAGAVI FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT, IN RESPECT OF PETITIONER/ACCUSED. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.04 15:17:24 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9596 CRL.P No. 102571 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court with a prayer to quash the entire proceedings in C.C.No.476 of 2024, pending before the Court of JMFC-VIII, Belagavi, for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. Learned counsel for the petitioner submits that cheque has been issued by his son Venkappa S/o Fakkirappa and even legal notice was issued to Venkappa s/o Fakkirappa by the complainant-Bank. However, private complaint was filed against the petitioner, which is not maintainable. Accordingly, he prayed to allow the petition. 3. Perusal of the material on record would go to show that the respondent/complainant-Bank has already filed an application before the learned Magistrate to amend the cause title and Venkappa s/o Fakkirappa is now shown as an accused in the proceedings before the trial Court. Therefore, the petitioner cannot have any grievance that - 3 - HC-KAR NC: 2025:KHC-D:9596 CRL.P No. 102571 of 2025 he is being prosecuted for illegal offence instead of his son Venkappa s/o Fakkirappa. Under the circumstances, I do not find any merit in this petition. Accordingly, petition is dismissed. 4. I.A.No.1/2025 does not survive for consideration. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 63