- 1 - HC-KAR NC: 2026:KHC-D:2535 CRL.P No. 103431 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION No.103431 OF 2025 (482(Cr.PC)/528(BNSS)-) BETWEEN: NIDHI PRAMEET GANDAMALI, AGE: 38 YEARS, OCC: SERVICE, R/O: T1-1601, RUNWAL FORESTS LBS ROAD, KANJU MARG WEST, MUMBAI- 400078 AND ALSO AT C/O: DR. PANDURANG GANDAMALI, DR. M.M. JOSHI FARM HOUSE, GAMANGATTI MAIN ROAD, NAVANAGAR, HUBBALLI- 580025. …PETITIONER (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: SANTOSH S/O VEERBASAYYA, AGE: 40 YEARS, OCC: BUSINESS, R/O: RAJANAGAR, DHARWAD- 580008. …RESPONDENT (BY SRI. I.Y. PATIL, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS) IS PRAYING TO QUASH THE INITIATION OF CRIMINAL PROCEEDINGS BY I ADDL. CIVIL JUDGE AND JMFC, DHARWAD, IN CC NO.1737/2025 (PCR NO.403/2025) FOR THE OFFENCES PUNISHABLE U/S 138 OF NI ACT AGAINST PETITIONER IN THE ENDS OF JUSTICE. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.20 16:00:14 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2535 CRL.P No. 103431 of 2025 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER/JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Shrikant T. Patil, learned counsel for the petitioner. None appears for the respondent. 2. Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is filed with the following prayer: “That the initiation of criminal proceedings by I Addl. Civil Judge and JMFC, Dharwad, in C.C.No.1737/2025(PCR No.403/2025) for the offence punishable under Section 138 of Negotiable Instruments Act against petitioner herein quashed in ends of justice.” 3. Petitioner is the accused in C.C.No.1737/2025 on the file of the I Addl. Civil Judge and JMFC, Dharwad. 4. Facts of the case in brief which are utmost necessary for disposal of the present petitin are as under: 5. A private complaint under Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023 came to be lodged alleging commission - 3 - HC-KAR NC: 2026:KHC-D:2535 CRL.P No. 103431 of 2025 of the offence under Section 138 of the Negotiable Instruments Act on account of dishonour of cheque perpetually issued by the accused. It is not in dispute that the signature found on the cheque is that of the accused. 6. The learned Trial Magistrate, after completing the necessary formalities has issued the process. Issuance of process is called in question in this petition. 7. Sri Shrikant T.Patil, learned counsel for the petitioner, reiterating the grounds urged in the petition, contended that, in the case on hand, complainant is a stranger to the accused. For the losses suffered by the husband of the accused, signed cheques were being issued by her husband to several people and complainant may be one such person. Therefore, there is no legally recoverable debt as alleged. 8. He would further contend that the complainant is resident of Dharwad, whereas accused is residing in Bengaluru and her husband is residing at Mumbai. Therefore, there cannot be any nexus insofar as the alleged offences and the facts stated in the - 4 - HC-KAR NC: 2026:KHC-D:2535 CRL.P No. 103431 of 2025 complaint and thus sought for quashing of the order taking cognizance and issue of process. 9. In the light of the arguments put forth on behalf of the petitioner, this Court perused the material on record meticulously. 10. On such perusal of the material on record, prima facie the Magistrate has been satisfied with the allegations found in the complaint. Therefore issued the process after completing necessary formalities strictly in accordance with the principles of law enunciated by the Hon'ble Apex Court in the case of Indian Bank Association and others vs. Union of India and others reported in (2014)5 SCC 590. 11. As could be seen from the guidelines issued by the Hon'ble Apex Court in the aforesaid decision, it is the duty of the accused to appear before the Trial Magistrate and file an application under Section 145 of Negotiable Instruments Act contending the valid defences and then seek the cross-examination of PW-1. 12. If no such application is filed, the presumption would be available to the complainant under Section 139 of the Negotiable - 5 - HC-KAR NC: 2026:KHC-D:2535 CRL.P No. 103431 of 2025 Instruments Act and case can be disposed off in accordance with law. 13. Thus, it is too premature for this Court to accept the contentions canvassed on behalf of the petitioner and quash the pending criminal case. 14. Hence, the following: ORDER (i) Petition dismissed. (ii) All contentions are kept open to be urged in the trial in accordance with law. Sd/- (V.SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 76