Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010151252023 NC: 2026:KHC:49355 WP No. 6664 of 2023 C/W CRL.P No. 13115 of 2024
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.6664 OF 2023 (GM-RES) C/W CRIMINAL PETITION NO.13115 OF 2024 (482(Cr.PC) / 528(BNSS)
IN WP No.6664/2023 BETWEEN:
SMT GOWRIPRIYA BALAJI AGED ABOUT 43 YEARS, WIFE OF BALAJI, FLAT NO 401, SUBRAM ARCADE, NO.328/1, 5TH MAIN, MALLESHPALYA, C V RAMAN NAGAR BANGALORE – 560 075 AND ALSO WORKING AT ASSISTANT HR MANAGER IN M/S HEPATICA TECHNOLOGY AT NUMBER 178, 1ST MAIN, A BLOCK AECS LAYOUT, KUNDALAHALLI BENGALURU – 560 037 …PETITIONER (BY SRI UMAPATHI S, ADVOCATE) AND:
PUNJAB NATIONAL BANK CIRCLE SASTRA BANGALORE EAST, RAHEJA TOWERS 1 FLOOR 26-27, MG ROAD BANGALORE -560 001 REPRESENTED BY ITS CHIEF MANAGER
Digitally signed by R MANJUNATHA Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010151252023 NC: 2026:KHC:49355 WP No. 6664 of 2023 C/W CRL.P No. 13115 of 2024
SRI V S SUNDARA RAMAN AGED ABOUT 58 YEARS S/O LATE DR V S SUBRAMANIAM …RESPONDENT
(BY SRI PREETHI.R FOR SRI VIGNESH SHETTY.S, ADVOCATES)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE IS FILED PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.55183/2022 PENDING ON THE FILE OF THE LEARNED XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT - 1988 (PRODUCED VIDE ANNEXURE-J) AND ETC.,
IN CRL.P NO. 13115/2024 BETWEEN:
GOWRIPRIYA BALAJI AGED ABOUT 43 YEARS WIFE OF BALAJI FLAT NO.401, SUBRAM ARCADE, NO.328/1, 5TH MAIN, MALLESH PALAYA, C.V RAMAN NAGAR, BANGALORE-560 075 ...PETITIONER (BY SRI. UMAPATHI S, ADVOCATE)
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HC-KAR
CNR: KAHC010151252023 NC: 2026:KHC:49355 WP No. 6664 of 2023 C/W CRL.P No. 13115 of 2024
AND:
PUNJAB NATIONAL BANK CIRCLE SASTRA BANGALORE EAST RAHEJA TOWERS, FIRST FLOOR 26-27, M.G ROAD BANGALORE - 560001 REPRESENTED BY ITS CHIEF MANAGER SMT.G SHIVA KUMARI AGED ABOUT 59 YEARS W/O SRI M EASWARAN ITS AUTHORISED OFFICE ...RESPONDENT (BY SMT PREETHU.R FOR SRI. VIGNESH SHETTY .S, ADVOCATES)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CODE OF CRIMINAL PROCEDURE(FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.66463/2024 PENDING ON THE FILE OF THE LRD. 34TH ADDL.
CHIEF METROPOLITAN MAGISTRATE, BANGALORE, UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 VIDE ANNEXURE-A AND ETC.,
THIS WRIT PETITION AND CRIMINAL PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
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HC-KAR
CNR: KAHC010151252023 NC: 2026:KHC:49355 WP No. 6664 of 2023 C/W CRL.P No. 13115 of 2024
ORAL ORDER Heard Sri Umapathi S., learned counsel for the petitioner and Smt. Preethi R, learned counsel appearing for 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 the recovery of the amount and there is already a recovery certificate issued by the Debt Recovery Tribunal. Therefore, continuation of the criminal case under the provisions of 138 of the Negotiable Instruments Act is an abuse of process of law. Such a contention cannot be countenanced in law.
3. Accordingly there is no merit in any one of the grounds urged in the petition.
4. Hence, following:
ORDER Petitions are dismissed.
Sd/- (V SRISHANANDA) JUDGE MR, List No.: 1 Sl No.: 77.CT:VRR