- 1 - HC-KAR NC: 2026:KHC:34148 CRL.P No. 11268 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11268 OF 2024 BETWEEN: SRI VIRUPAKSHA R E SON OF ANTHONI RODRIGUS AGED ABOUT 59 YEARS, RESIDING AT BETTAMAKKI NEW COLONY, SEEBINAKERE, THIRTHAHALLI TALUK - 577 432, SHVIAMOGGA DISTRICT. …PETITIONER (BY SRI. FAYAZ SAB B G., ADVOCATE) AND: SMT. LEEDA VICTORIA D MELLO WIFE OF VIRUPAKHA, AGED ABOUT 53 YEARS, RESIDING AT SHWETHA UJWALA KENDRA, 3RD CROSS, K.R. PURAM, HASSAN - 573 202. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 25.06.2024, WHEREIN THE LEARNED MAGISTRATE HAS TAKEN COGNIZANCE FOR OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT, IN PCR NO.543/2020 IN C.C.NO.3791/2024, PENDING ON THE FILE OF VII ACJ AND JMFC AT HASSAN, AND ISSUED SUMMONS TO THE Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34148 CRL.P No. 11268 of 2024 ACCUSED/PETITIONER HEREIN, AS ILLEGAL, ARBITRARY, CAPRICIOUS AND WITHOUT APPLICATION OF MIND WHICH ARE PRODUCED AND MARKED AS ANNEXURE-A. 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 the husband and respondent/ complainant is the wife. The husband is said to have rendered two cheques in favour of wife for Rs.10,00,000/- each. The complaint is that, it is pursuant to certain agreement between the husband and the wife. 2. The learned counsel for the petitioner/husband submits that the wife has stolen the cheques from the house and when difference of opinion cropped up between the two, she has deliberately presented the cheques before the concerned Court. There is no legally recoverable debt from the hands of the petitioner. 3. The petitioner after issuing the said cheques to the wife is said to have given a direction to the bank to stop - 3 - HC-KAR NC: 2026:KHC:34148 CRL.P No. 11268 of 2024 payment. Therefore, the wife left with no choice, had to knock at the doors of the concerned Court invoking the proceedings under Section 200 of Cr.P.C. for offence punishable under Section 138 of Negotiable Instruments Act, 1881. The signature on the cheques is admitted. All the other issues would be projected before the concerned Court. There is no warrant of interference at this juncture in the case at hand. Petition does not merit any consideration and it stands dismissed. In view of dismissal of the petition, pending IAs., if any, does not survive for consideration. Sd/- (M.NAGAPRASANNA) JUDGE BK List No.: 1 Sl No.: 6