- 1 - HC-KAR CNR: KAHC010583622026 NC: 2026:KHC:47994 WP No. 26523 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26523 OF 2026 (GM-POLICE) BETWEEN: MR.ATHAVULLA S/O LATE BASHASAB, AGED ABOUT 56 YEARS, R/AT NO. 83, 3RD CROSS, 6TH MAIN, SG HALLI, BASAVESHWARANAGAR, BANGALORE 560079 …PETITIONER (BY SRI. MOHAMMED NAWAZ SHARIFF.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ITS CHIEF SECRETARY DEPARTMENT OF HOME VIDHANA SOUDHA, BANGALORE 560001 2. THE SUPERINTENDENT OF POLICE, BENGALURU SOUTH DISTRICT, RAMANAGARA 562159 3. THE DEPUTY SUPERINTENDENT OF POLICE, MAGADI SUB DIVISION, BENGALURU SOUTH DISTRICT, THAVAREKERE, KARNATAKA 562130 4. THE STATION HOUSE OFFICER, TAVEREKERE POLICE STATION, THAVAREKERE, KARNATAKA 562130 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010583622026 NC: 2026:KHC:47994 WP No. 26523 of 2026 5. SRI. RAJANNA G S/O LATE GANGAIAH AGED ABOUT 58 YEARS, R/AT NO. 269, HAROKYATHANAHALLI MAIN ROAD, ANJANEYA TEMPLE, HAROKYATHANAHALLI, DASANAPURA HOBALI, MAKALI, BANGALORE 562123 6. SRI. RAJESHA S/O DODKEMPA AGED ABOUT 31 YEARS, R/AT NO. 23, 9TH A CROSS, SUNKADAKATTE, VIGNESHWARNAGAR, NEAR MUNESHWARA TEMPLE, BANGALORE 560091 …RESPONDENTS (BY SMT. SARITHA KULKARNI., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE COMPLAINT AT ANNEXURE-D AND INITIATE NECESSARY LEGAL ACTIONS AGAINST THE RESPONDENT NO. 5 AND 6 BY REGISTERING A FIR FOR THE OFFENCES PUNISHABLE UNDER SECTION 318(3), 351(3), 336(3), 314, 352 R/W 61 OF BNS, 2023 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR CNR: KAHC010583622026 NC: 2026:KHC:47994 WP No. 26523 of 2026 I. Issue Writ in the nature of mandamus or order or directing the Respondent No.4 to consider the complaint dated 25.07.2026 at ANNEXURE-D and initiate necessary legal actions against the Respondent No. 5 & 6 by registering a FIR for the offences punishable under section 318(3), 351(3), 336(3), 314, 352 r/w 61 of BNS, 2023. II. Pass such other order/s or direction/s that this Hon'ble Court deems fit under the facts and circumstances of the present case, in the interest of Justice and Equity. 3. The petitioner is before this Court contending that the complaint submitted by the petitioner on 25.07.2026 at Annexure-D has not been registered by respondent and investigation carried out. 4. A perusal of the complaint dated 25.07.2026 indicates that respondents No.5 and 6 had issued a cheque to the petitioner which has bounced and on that basis, it is contended that there is offence of cheating committed by respondents. The claim is as regards execution of an agreement of sale deed in favour of the petitioner. 5. A perusal of the complaint dated 25.07.2026 indicates that respondents No.5 and 6 had issued a cheque in favour of the petitioner, which was dishonoured. On that basis, it is contended that respondents No.5 and 6 have committed the offence of cheating. The claim of the petitioner essentially - 4 - HC-KAR CNR: KAHC010583622026 NC: 2026:KHC:47994 WP No. 26523 of 2026 arises out of the alleged execution of an agreement of sale in his favour. No cognizable offence has been made out on the ex-facie reading of the complaint. 6. No fault can be found with respondents in not registering the complaint, the Petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 9