- 1 - HC-KAR NC: 2026:KHC:33478 CRL.P No. 2840 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 2840 OF 2021 BETWEEN: MRS. USHA B. AMIN WIFE OF SRI. BIMAL JITENDRA AMIN AGED ABOUT 56 YEARS, RESIDING AT NO.2125, "SOBHA PETUNIA", NEAR LUMBINI GARDEN, VEERANAPALYA, KANAKANAGAR, NAGAVARA, BANGALORE - 560 032. …PETITIONER (BY SRI. NANDA KUMAR B.L, ADVOCATE) AND: MRS. NITU SHAH AGED ABOUT 37 YEARS, RESIDING AT NO.201, MOHAN JINESHWARA ELEGANCE, NO.16, MAHARASTRA MAHILA VIDYALAYA ROAD, VISHWESHWARAPURA, BANGALORE - 500 004. …RESPONDENT (BY SRI. AKHILESH B, ADVOCATE FOR SRI. BINU M, ADVOCATE) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE SUMMONS ISSUED TO THE PETITIONER IN TAKING THE COGNIZANCE OF THE OFFENCE TAKEN AS AGAINST THE PETITIONER U/S 138 OF N.I ACT IN Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33478 CRL.P No. 2840 of 2021 REGISTERING THE CASE ON THE COMPLAINT LODGED BY THE RESPONDENT AS AGAINST THE PETITIONER ON 05.02.2021 INITIALLY IN PCR.NO.747/2020 AND LATER ON REGISTERED AS C.C.NO.2675/2021 ON THE FILE OF THE XVI ACMM, BANGALORE. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order issuing summons as well as entire proceedings in C.C.no.2675/2021 on file of XVI ACMM, Bengaluru, this petition is filed. 2. Sri B.L.Nandakumar, learned counsel for petitioner submitted that petitioner was accused no.2 in P.C.R. no.747/2020 filed by respondent alleging commission of offence punishable under Section 138 of Negotiable Instruments Act, 1881 (NI Act) on account of cheque dated 21.08.2019 bearing no.116455 drawn on SVC Co-operative Bank Limited, Atpar Branch, Bengaluru, when presented, returned dishonoured on account of 'Insufficient funds' and accused failed to pay cheque amount despite receipt of statutory notice. - 3 - HC-KAR NC: 2026:KHC:33478 CRL.P No. 2840 of 2021 3. It was submitted bare perusal of complaint as well as cheque in question, copy of which is produced along with petition would indicate that cheque was drawn on joint account of Bimal J. Amin and Usha B. Amin, who were earlier husband and wife. However, cheque in question bears signature of only Bimal J. Amin and not petitioner herein. Without noticing same, learned Magistrate had ordered issuance of process indicative non-application of mind, and therefore, on said ground entire proceedings were required to be quashed qua petitioner. 4. Sri Akilesh, Advocate appearing for Sri Binu M., learned counsel for respondent sought to oppose petition. It was submitted even in case petitioner's contention that petitioner was not a signatory were to be accepted, there would be no justification for stalling of prosecution of accused no.1, and therefore sought for passing of appropriate orders. 5. Heard learned counsel and perused material on record. 6. This petition is by accused no.2 challenging issuance of process in a private complaint filed by respondent - 4 - HC-KAR NC: 2026:KHC:33478 CRL.P No. 2840 of 2021 for offence punishable under Section 138 of NI Act. A perusal of private complaint indicates that proceedings are initiated alleging offence punishable under Section 138 of N.I. Act on account of dishonour of cheque dated 21.08.2019 bearing no.116455 drawn on SVC Co-operative Bank Limited, Atpar Branch, Bengaluru, for Rs.1,00,000/-. Indisputably, cheque is drawn on joint account of accused no.1 and 2, but bears signature of only accused no.1. Thus, initiation of proceedings against accused no.2 would not be justified and continuation of proceedings against petitioner would amount to abuse of process. 7. Hence, without any more, Petition is allowed. Proceedings in C.C.no.2675/2021 on file of XVI ACMM, Bengaluru, are quashed insofar as petitioner -accused no.2 is concerned. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 3