- 1 - HC-KAR NC: 2025:KHC:36714 CRL.P No. 12563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12563 OF 2025 BETWEEN: SMT. RUHIFATHIMA WIFE OF A. A. KHIZER AHMED, AGED ABOUT 38 YEARS, R/AT. KID'S WORLD SCHOOL, NO.496, 3RD MAIN ROAD, NEAR BMS TENT HOUSE, BOMMANAHALLI, BENGALURU - 560068. …PETITIONER (BY SRI. ASHWIN DATHA E A., ADVOCATE) AND: SMT. SUJEE B K WIFE OF MADHU KUMAR, AGED ABOUT 34 YEARS, R/AT NO.315A, GOWTHAMI MAEDOWS, 2ND CROSS, SHUSTRUTHI NAGAR, BASAPURA MAIN ROAD, HOSA ROAD JUNCTION, NEAR HELLO KIDS, BENGALURU-560100. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.33689/2024 ON THE FILE OF THE HON'BLE XIX ADDL. CJM, BENGALURU, REGISTERED FOR OFFENCE P/U/S. 138 OF N.I. ACT, 1881. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36714 CRL.P No. 12563 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the accused seeking quashing of the proceedings pending in C.C.No.33689/2024 for the offence punishable under Section 138 of N.I. Act. 2. The respondent/complainant has filed a private complaint under Section 223 of the BNSS, 2023, alleging that at the request of the petitioner/accused, she transferred money to the accounts of the petitioner’s husband. It is further alleged that the husband of the petitioner executed a hand loan agreement in favour of the complainant and her mother. 3. The present petition challenges the continuation of proceedings in C.C.No.33689/2024, primarily on the ground that the petitioner/accused had no transaction with the respondent/complainant. It is contended that the money was never transferred to the petitioner’s account, and therefore, no legally recoverable debt existed. - 3 - HC-KAR NC: 2025:KHC:36714 CRL.P No. 12563 of 2025 Accordingly, it is argued that the complaint filed under Section 223 of BNSS, 2023, invoking offences punishable under Section 138 of the Negotiable Instruments Act, 1881, is not maintainable. 4. Learned counsel for the petitioner was heard, and the averments made in the complaint have been perused. It is well-settled that the issuance of a cheque and its subsequent dishonour gives rise to a legal presumption under Section 139 of the N.I. Act, which, however, is rebuttable. 5. The primary defence raised by the petitioner/accused is that she never received any hand loan, and the cheque in question was allegedly misused by the complainant, taking undue advantage of her ill-health, as she is reportedly suffering from cancer. Whether the cheque was issued for a legally recoverable debt or whether it was misused by the complainant is a matter that requires thorough adjudication at the trial. It is for - 4 - HC-KAR NC: 2025:KHC:36714 CRL.P No. 12563 of 2025 the petitioner/accused to lead rebuttal evidence and substantiate her defence in accordance with law. 6. In view of the above, and having regard to the fact that the matter involves disputed questions of fact that are triable before the competent court, this is not a fit case for quashing the proceedings under Section 482 of the Code of Criminal Procedure. 7. Accordingly, without expressing any opinion on the merits of the case, the petition is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 81