- 1 - HC-KAR CNR: KAHC010425532019 NC: 2026:KHC:48585 CRL.P No.5918/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.5918/2019 BETWEEN: 1. NIRMALA JAIN W/O SHRI. ARUN KUMAR JAIN AGED ABOUT 58 YEARS DHANASHREE VILLA R/AT NO. E-4/108, ARERA COLONY OPP: BAGHIRA APARTMENTS BHOPAL 462016 EX-DIRECTOR. …PETITIONER (BY SRI. PRASHANT POPAT, ADV.,) AND: 1. NIKHIL MERCANTILE PVT LTD HAVING ITS REGISTERED OFFICE AT C-904, PALM COURT COMPLEX LINK ROAD, BEHIND-D-MART MALAD (WEST), MUMBAI-462016. ALSO HAVING OFFICE AT KALTHUR JOMLUTHEERTHA ROAD SANTHEKATTE POST UDUPI TALUK AND DISTRICT REP. BY ITS DIRECTOR MR. SANDEEP RAI. …RESPONDENT (RESPONDENT SD - UNREPRESENTED) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010425532019 NC: 2026:KHC:48585 CRL.P No.5918/2019 THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH PROCEEDINGS IN C.C.NO.1986/2018 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC AT KUNDAPUR IN SO FAR AS THE PETITIONERS IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel for the petitioner. 2. This Court has issued notice to the respondent. The respondent has been served and unrepresented. 3. The main contention of the learned counsel appearing for the petitioner is that the petitioner was not in the company as on the date of issuance of the cheque. In support of the case, the petitioner has produced the Annexure-D, Form No.DIR-12, which discloses that the petitioner was not associated with the company with effect from 21.09.2017. - 3 - HC-KAR CNR: KAHC010425532019 NC: 2026:KHC:48585 CRL.P No.5918/2019 4. A similar issue was taken note of by the Co-ordinate Bench of this Court in Criminal Petition No.5919/2019, wherein this Court came to the conclusion that the very allegation made against the petitioner therein was hit by Section 141 of the Negotiable Instruments Act, 1881, and as such, the cognizance taken by the Learned Magistrate was vitiated. 5. A similar question has already been considered by this Court, wherein the petition was allowed and the proceedings initiated against the petitioner were quashed. In the case on hand also, the very contention of the learned counsel for the petitioner is that, Annexure-D shows that the petitioner was not associated with the company since 2017. Therefore, as the petitioner was no longer associated with the company, the question of any liability does not arise, and the proceedings initiated against the petitioner are also vitiated. In view of the discussions made above, I pass the following: - 4 - HC-KAR CNR: KAHC010425532019 NC: 2026:KHC:48585 CRL.P No.5918/2019 ORDER i. The Criminal petition is allowed. ii. The proceedings in CC.No.1986/2018 pending on file of the Additional Civil Judge and JMFC, Kundapura insofar as the petitioner, who is accused No.4 is hereby quashed. Sd/- (H.P.SANDESH) JUDGE ABK List No.: 1 Sl No.: 21