- 1 - HC-KAR CNR: KAHC010561562026 NC: 2026:KHC:49396 CRL.P No. 12452 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 12452 OF 2026 BETWEEN: SRI MANJUNATH M, S/O LATE MUNIYAPPA, AGED ABOUT 50 YEARS, R/AT NO.4025-26, 11TH CROSS, SBM 80 FEET ROAD, GIRINAGAR, BANASHANKARI 3RD STAGE, BENGALURU-560050 AS PER ADHAR KANIVEPURA, DODDABALLAPURA TALUK, HEGGADIHALLI, BENGALURU RURAL KARNATAKA-561205. …PETITIONER (BY SRI SATYANARAYAN CHALKE, ADVOCATE) AND: SRI. HARSHA. S, S/O MR. SURYANARAYANA RAO, AGED ABOUT 42 YEARS, R/AT NO.58, 1ST FLOOR, 4TH MAIN ROAD, ANNAPOORNESHWARI LAYOUT, JP NAGAR, 7TH PHASE, BENGALURU-560078. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE PRIVATE COMPLAINT IN CASE PCR.NO.11532/2023 FILED BY RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 34 OF THE INDIAN PENAL CODE, INCLUDING ITS ENTIRE PROCEEDINGS, PENDING ON THE FILE Digitally Signed by ANANT RAMNATH HEGDE Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010561562026 NC: 2026:KHC:49396 CRL.P No. 12452 of 2026 OF THE IV ACJM AT BENGALURU, AGAINST THE PETITIONER CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner. 2. Learned counsel for the petitioner submits that a complaint is filed by the petitioner alleging that the cheque issued as a security for the loan is misused. 3. Learned counsel for the petitioner submits that the petitioner has filed a prior complaint against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and after cross-examining the petitioner who is the complainant before the Trial Court, the present complaint is filed. 4. It is submitted that even if the cheque is issued as a security for the transaction and if it is dishonoured, it amounts to offence, as such, the Magistrate could not have Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010561562026 NC: 2026:KHC:49396 CRL.P No. 12452 of 2026 taken cognizance for the offences under Indian Penal Code, 1860. 5. The Court is of the view that all these contentions shall be raised before the jurisdictional Sessions Court. 6. Hence, without entering into the merits of the matter, the Criminal Petition is disposed of reserving liberty to the petitioner to approach the jurisdictional Sessions Court. 7. The time spent in prosecuting this petition from 11.08.2026 till this date shall be excluded while computing the limitation period, if any. 8. Registry is to return all the documents after retaining the xerox copies. (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 66 Digitally Signed by ANANT RAMNATH HEGDE