- 1 - HC-KAR NC: 2025:KHC:52077 CRL.P No. 5718 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 5718 OF 2022 BETWEEN: 1. M/S. PNR CONSTRUCTIONS HAVING ITS OFFICE AT NO.250 2ND CROSS, 2ND STAGE 3RD BLOCK, NAGARABHAVI BENGALURU - 560 072 REP. BY ITS PARTNER- SHRI K.N. PRABHAKAR AGED ABOUT 50 YEARS 2. SHRI. K.N. PRABHAKAR S/O NINGAPPA S NO.250, 2ND CROSS 2ND STAGE, 3RD BLOCK NAGARABHAVI, BENGALURU - 560 072. …PETITIONERS (BY SRI. V.B. SHIVA KUMAR, ADVOCATE) AND: M/S. BBI CONSTRUCTIONS A REGISTERED COMPANY HAVING IT'S OFFICE AT NO.380, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52077 CRL.P No. 5718 of 2022 1ST FLOOR GULLAREDDY LAYOUT, CHANDAPURA CIRCLE ANEKAL TALUK, BENGALURU - 560 099, REPRESENTED BY ITS PROPRIETOR SRI. T. DARSHAN S/O H.P. THIMMA REDDY AGED ABOUT 32 YEARS R/A NO.2488, 14TH 'B' CROSS, 25TH MAIN, HSR LAYOUT, SECTOR-I, BENGALURU SOUTH BENGALURU - 560 102. …RESPONDENT (BY SRI. VISHWAS S. REDDY, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE RESPONDENT IN C.C.NO.7623/2021 ARISING OUT OF (PCR NO.112/2021 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC AT ANEKAL IS AT ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:52077 CRL.P No. 5718 of 2022 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The respondent has initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the N.I.Act') against the petitioners herein by way of C.C.No.7623/2021, which is pending on the file of II Additional Civil Judge and JMFC, Anekal. 2. The case of the respondent is that the petitioners were awarded a contract by the Panchayat Raj Department, State of Karnataka and that the petitioners got done certain civil contract works from the respondent and as a consideration for the same has issued the cheques which have been dishonoured because the petitioners had instructed the bank to stop payment. On the ground that the petitioners had issued the said cheques towards a legally dischargeable debt, the respondent has initiated proceedings under Section 138 of - 4 - HC-KAR NC: 2025:KHC:52077 CRL.P No. 5718 of 2022 the N.I.Act. The jurisdictional Court has taken cognizance of the same and is proceeding with the case. Aggrieved by the same, the present petition is filed. 3. The case of the petitioners is that the dishonoured cheques were never drawn in favour of the respondent herein. It is submitted that the petitioners had no transaction with the respondent. It is further submitted that the petitioners had given the cheques as a security to the Panchayat Raj Department, which had awarded certain civil contracts in favour of the petitioners. However, due to misdemeanour on the part of certain officials of the Panchayat Raj Department, the said cheques have found their way to the respondent, who has misused the same and has filed a false case against the petitioners herein. It is submitted that the petitioners in fact, have issued a notice in this regard to the Panchayat Raj Department and inspite of it, no appropriate action has been taken by the Panchayat Raj Department. For the said reasons, it is - 5 - HC-KAR NC: 2025:KHC:52077 CRL.P No. 5718 of 2022 prayed that the proceedings initiated against the petitioners in C.C.No.7623/2021 be quashed. 4. Be that as it may, the allegations and the counter-allegations made by the petitioners and the respondent pertains to facts and not any proposition of law. If the allegations made by the respondent are true, then in that event, the petitioners will be liable to pay the amounts to the respondent. On the contrary, if the allegations made by the petitioners are true, then the proceedings in C.C.No.7623/2021 will have to be dismissed. The facts are required to be established before the trial Court. This Court, in exercise of its inherent powers, cannot examine disputed questions of facts. 5. For the aforementioned reasons, the Criminal Petition is hereby dismissed. It is hereby made clear that no opinion is expressed on the merits of the case and the trial Court shall decide the same based on the pleadings - 6 - HC-KAR NC: 2025:KHC:52077 CRL.P No. 5718 of 2022 and the evidence let in before it. It is also needless to state that the petitioners have the liberty to file necessary criminal cases against the persons concerned, if they are so advised. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 23