- 1 - HC-KAR NC: 2026:KHC:34895 CRL.P No. 5121 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 5121 OF 2019 BETWEEN: 1. K MOHAN AND COMPANY (EXPORTS) PVT LTD. B-1, 62/5 BEGUR ROAD, BOMMANAHALLI, BENGALURU-560 068. 2. POOJA RAJU MAHTANEY DIRECTOR, K MOHAN AND COMPANY, B-1, 62/5, BEGUR ROAD, BOMMANAHALLI, BENGALURU-560 068. 3. GITANJALI RAJU MAHTANEY DIRECTOR K MOHAN AND COMPANY, B-1, 62/5, BEGUR ROAD, BOMMANAHALLI BENGALURU -560 068. 4. SOMESWARA RAO NISHTALA EMPLOYEE K MOHAN AND COMPANY, B-1, 62/5, BEGUR ROAD, BOMMANAHALLI BENGALURU -560 068. 5. GYANENDRA RAMCHANDRA NIRAJ EMPLOYEE K MOHAN AND COMPANY, Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34895 CRL.P No. 5121 of 2019 B-1, 62/5, BEGUR ROAD, BOMMANAHALLI BENGALURU -560 068. …PETITIONERS [BY SRI VACHAN H.U., ADVOCATE FOR SMT. KAVITHA DAMODARAN, ADVOCATE (PH)] AND: 1. STATE OF KARNATAKA BY HALASUR GATE POLICE STATION, BENGALURU-560 042. 2. STRAWBERRY LENCERIA PRIVATE LIMITED BY DIRECTOR NO.3347/A, 2ND FLOOR, 13TH MAIN, HAL 2ND STAGE, BENGALURU - 560 008. …RESPONDENTS (BY SRI S.JAVEED, HCGP FOR R1; SRI A. VIJI KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE IMPUGNED FIR REGISTERED IN CR.NO.269/2018 IN THE COMPLAINT FILED BY THE RESPONDENT NO.2 BEFORE THE COURT OF THE HON'BLE 1ST A.C.M.M., AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Seeking for quashing of FIR in Crime no.269/2018, on a complaint filed by respondent no.2 and presently stated to be pending on file of I ACMM, Bengaluru, this petition is filed. - 3 - HC-KAR NC: 2026:KHC:34895 CRL.P No. 5121 of 2019 2. Sri Vachan HU, learned counsel appearing for Kantha Damodaram, counsel for petitioners submitted that petitioners were accused no.1 to 5 in a private complaint filed in PCR no.13055/2018 on file of I ACMM, Bangalore. It was submitted that allegation in complaint as per para 4 was that a false complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Act) was filed by accused in CC no.2770/2018 on file of XXXIX ACMM, Bangalore, by arraigning persons who were not directors but were employees etc., and thereby committed offence punishable under Sections 191 and 193 read with Section 34 of Indian Penal Code, 1860, (IPC). On said complaint, learned Magistrate had directed investigation. It was submitted offences punishable under Sections 191, 193, and 195 of CrPC provided that cognizance could be taken only on a complaint in writing of that Court or by such officer of Court as that Court may authorize and therefore on ground of violation of Section 195(1)(b)(i) and (iii) of CrPC, impugned proceedings were required to be quashed. In support of his submission, learned counsel relies on decision of Hon'ble Supreme Court in case of - 4 - HC-KAR NC: 2026:KHC:34895 CRL.P No. 5121 of 2019 Narendra Kumar Srivastava v. State of Bihar and others reported in (2019) 3 SCC 318 and prays for allowing petition. 3. Learned HCGP is unable to controvert contentions. 4. There is no appearance for respondent no.2- complainant. 5. It is seen that a specific ground is urged in petition. No objections are filed. Thus, contention of petitioners about violation of said procedure in Section 195(1)(b)(i) remains uncontroverted. Taking note of ratio laid down in Narendra Kumar Srivastava's case, petition would succeed. 6. Hence, petition is allowed, FIR in Crime no.269/2018, in complaint filed by respondent no.2, presently stated to be pending on file of I ACMM, Bengaluru, stand quashed. Sd/- (RAVI V HOSMANI) JUDGE YKL List No.: 1 Sl No.: 19