- 1 - HC-KAR NC: 2026:KHC:18763 CRL.P No. 4005 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4005 OF 2026 BETWEEN: MR. ANANDA MURTHY @ M. ARUMUGAM AGED ABOUT 63 YEARS, R/AT NO.106/A, S/O SRI. MURUGA PILLAI, 3RD CROSS, 1ST MAIN, PRAKASH NAGAR, BENGALURU - 560 021. …PETITIONER (BY SRI. H. MAREGOWDA, ADVOCATE) AND: SRI. VINODH KUMAR. B S/O LATE CHIKKA BYCHAPPA, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18763 CRL.P No. 4005 of 2026 AGED ABOUT 32 YEARS, R/AT BARANDAHALLI VILLAGE, TAKEL HOBLI, MALUR TALUK, KOLAR DISTRICT. …RESPONDENT THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.4176/2025 BEFORE THE II ADDL CIVIL JUDGE SR.DN. AND JMFC AT KOLAR FOR THE OFFENCE P/US/ 138 OF NI ACT ACT AT ANNEXURE A AND B REGISTERED BY THE COMPLAINANT STATION AND PROCEEDINGS PENDING BEFORE THE II ADDL CIVIL JUDGE SR.DN. AND JMFC KOLAR, AS ILLEGAL AND CONTRARY TO LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18763 CRL.P No. 4005 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question the proceedings in C.C.No.4176/2025 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. Heard Sri. H. Mare Gowda, learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner is the accused and the respondent is the complainant. The transaction between the two leads the complainant to the concerned Court invoking the jurisdiction of the learned Magistrate under Section 223 of the BNSS. The concerned Court takes cognizance of the offence and issue summons. The accused is before the Court on the score that the cheques were stolen and he has already registered a complaint on the stolen cheques and therefore, proceedings before the concerned Court must not be permitted to continue. - 4 - HC-KAR NC: 2026:KHC:18763 CRL.P No. 4005 of 2026 4. The issue of stealing cheques or the police conducting investigation for offences punishable under Sections 406 or 420 of the IPC or stealing of the cheques would not stop the proceedings before the concerned Court under Section 138 of the Negotiable Instruments Act, 1881. If once the cheque is admitted and the signature is admitted. Stealing of cheque or otherwise would be a defence that can be projected before the concerned Court at the appropriate time. 5. Finding no merit in the petition, the petition stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 27 CT:SG