- 1 - HC-KAR CNR: KAHC010358042022 NC: 2026:KHC:49357 WP No. 15889 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO.15889 OF 2022 (GM-RES) BETWEEN: S. DHANASHEKAR S/O R SUNDAR MURTHI AGED ABOUT 42 YEARS R/AT H NO.2-10778/33 MELNEST HOUSE RAMA BHAJANAMANDIRA ROAD BIJAI, MANGALURU, D K DISTRICT-575004 PERMANENT RESIDENT OF H NO.1022/C, ITTIGE GOODU MANASARA ROAD MYSORE-570010 …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY LOKAYUKTA POLICE STATION REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE-560 001 2. MR K BHUJANGA SHETTY S/O LATE KARIYA SHETTY AGED ABOUT 73 YEARS R/AT VISHWA VILASA KELANEJARU KALYANPURA POST MOODUTHONSE VILLAGE UDUPI TALUK AND DISTRICT-576102 …RESPONDENTS Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010358042022 NC: 2026:KHC:49357 WP No. 15889 of 2022 (BY SRI SURESH G.M FOR SRI B.B.PATIL, ADVOCATES FOR R1- ABSENT R2 -SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE ORDER DATED 15.07.2022 SPL.C.NO.37/2019 (CRIME NO.1/2016) ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, SPECIAL COURT AT UDUPI, PASSED ON APPLICATION FILED BY THE PETITIONER U/S 227 OF CRPC FOR DISCHARGE OF THE PETITIONER FOR THE OFFENCE PUNISHABLE U/S 7 R/W 13(2) OF PREVENTION OF CORRUPTION ACT 1988 ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 227 OF CRPC AND DISCHARGE THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTION 7 R/W 13(2) OF PREVENTION OF CORRUPTION ACT 1988 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Umapathi S., learned counsel for the petitioner and Smt. Preethi R., learned counsel appearing on behalf of Sri Vignesh Shetty S., counsel for the respondent. 2. Accused is before this Court challenging the issue of the summons on the ground that the parallel proceedings are initiated by the respondent herein for recovery of the amount - 3 - HC-KAR CNR: KAHC010358042022 NC: 2026:KHC:49357 WP No. 15889 of 2022 and there is already a recovery certificate issued by the Debt Recovery Tribunal. 3. Therefore, continuation of the criminal case under the provisions of Section 138 of Negotiable Instruments Act is abuse of process of law. Such a contention cannot be countenanced in law inasmuch as civil suit and criminal proceedings can be initiated in respect of a dishnoured cheque. 4. Accordingly there is no merit in any one of the grounds urged in the petition. 5. Hence, following: ORDER Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 58