- 1 - HC-KAR NC: 2026:KHC:20129 CRL.P No. 627 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 627 OF 2026 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR JAYAPRAKASH R, S/O. RANGAIAH, AGED ABOUT 51 YEARS, R/AT NO.4, 1ST FLOOR, SNOW WHITE APARTMENT, 6TH CROSS, TELECOM LAYOUT, HOSSAHALLI MAIN ROAD, VIJAYANAGAR, BENGALURU - 560 040. …PETITIONER (BY SMT. KAVITHA D, ADVOCATE) AND: 1. M/S. CAN FIN HOMES LTD., (A HOUSING FINANCE CO. PROMOTED BY CANARA BANK, IN 1987 AND INCORPORATED UNDER THE COMPANIES ACT, 1956), BRANCH OFFICE AT NO.29/1, SIR. M.N. KRISHNA RAO ROAD, LALBAGH WEST, BASAVANAGUDI, BENGALURU - 560 004. REPRESENTED BY ITS MANAGER AND AUTHORIZED OFFICER, MR. SHIVA V.R. THROUGH D. NARAYANA SWAMY ADHIVAKTA …RESPONDENT (BY SRI. NARAYANSWAMY D, ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20129 CRL.P No. 627 of 2026 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.5168/2025 PENDING ON THE FILE OF THE HON'BLE XXV ACJM, BENGALURU CITY BENGALURU SOUTH, BENGALURU VIDE ANNEXURE-F SND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: 2. Heard Smt.Kavitha D,learned counsel appearing for the petitioner, Sri.Narayana Swamy D, learned counsel appearing for the respondent and have perused the material on record. 3. This Court, on 21.2.2026, had passed the following order: “ORALORDER ON I.A.No.1/2025 Sri. D. Narayanaswamy, learned counsel, who is present before the Court undertakes to enter appearance for the respondent. Registry is directed to print the name of Sri. D. Narayanaswamy, learned counsel as appearing for the respondent. - 3 - HC-KAR NC: 2026:KHC:20129 CRL.P No. 627 of 2026 The petitioner is before the Court calling in question proceedings in C.C.No.5168/2025 for offences punishable under Sections 138 and 142 of the Negotiable Instruments Act. The learned counsel appearing for the petitioner taking this Court through the documents appended to the petition would prima facie demonstrate that the loan of Rs.25,00,000/- though taken, had become sticky. The cheques that were given to the Bank as necessary under law has been presented and proceedings at two places are instituted; one in Delhi and one in Bangalore for the same instrument, apart from instituting proceedings under the SARFAESI Act. The learned counsel would also submit that the communications are sent to the BBMP about not registering the document and also to the passport authorities not to let the petitioner travel beyond the shores of the nation, all for the said amount. The learned counsel further submits that since the OTS proposal was breached, the same was not acceded to by the Bank. With all these circumstances, there shall be an interim order of stay of all further proceedings in C.C.No.5168/2025 before the concerned Court, till the next date appearing.” 4. Learned counsel appearing for the respondent – Bank submit that the petition be allowed and proceedings be obliterated. 5. Learned counsel appearing for the petitioner submits that few other cheques are available with the bank which the bank will utilize to initiate proceedings all over again like the one that is challenged in the case at hand. - 4 - HC-KAR NC: 2026:KHC:20129 CRL.P No. 627 of 2026 6. Learned counsel, Sri. Narayana Swamy D, would submit that after the SARFAESI proceedings, in the event there is short fall of sale, it is only then cheques would be presented. 7. His submission is recorded. 8. In the light of the aforesaid reasons, the following: O R D E R [I] Criminal Petition is allowed. [II] Proceedings in C.C.No.5168/2025 pending before the XXV ACJM, Bengaluru City, Bengaluru South, Bengaluru, qua the petitioner, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 60