- 1 - HC-KAR CNR: KAHC010716742024 NC: 2026:KHC:50162 CRL.P No. 2 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 2 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SRI.NITESH MOTILAL GANGARAMANI AGED ABOUT 43 YEARS S/O SRI MOTILAL GANGARAMANI R/AT SNEHADHARA CO OP HOUSING SOCIETY B-1/191 DADABAHAI CROSS RD NO. 3 MUMBAI VILEPARLE (W) MUMBAI 400056 ALSO AT : ADDL. DIRECTOR OF ALFARA A INFRA PROJECTS PVT LTD. NO. 102, 1ST FLOOR, BABA HOUSE BUILDING, NO. 86, M.V. ROAD, NEAR WESTERN EXP. HIGHWAY ANDHERI (E) MUMBAI, MUMBAI CITY, MAHARASHTRA-400093. …PETITIONER (BY SRI. ABHISHEK HUDDAR.,ADVOCATE) AND: M/S. ANJANEYASWAMY EARTH MOVERS REP BY ITS PROPRIETOR SRI KRISHNAMURTHY HAVING ITS REGISTERED OFFICE AT LAKSHMI SAGARA VILLAGE NERALUR POST ATTIBELE HOBLI ANEKAL TALUK BENGALURU …RESPONDENT (BY SRI. SRIDHARA B R.,ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010716742024 NC: 2026:KHC:50162 CRL.P No. 2 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER, WHO IS ARRAYED AS ACCUSED NO.5 IN C.C NO.1242/2019 (PCR NO. 946/2019) REGISTERED FOR THE OFFENCE PUNISHABLE U/S138 OF THE NEGOTIABLE INSTRUMENTS ACT, PENDING BEFORE THE HONBLE VI ASCJ AND ACJM (SCCH-02), BENGALURU AND ETC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this court seeking for the following reliefs: a) Quash the entire proceedings initiated against the petitioner, who is arrayed as Accused No.5 in C.C.No.1242/2019 (PCR No.94/2019) registered for the offence punishable u/s 138 of the Negotiable Instruments Act, pending before the Hon’ble VI ASCJ and ACJM (SCCH-02), Bengaluru, in the interest of justice and equity. 2. The respondent had filed a private complaint under Section 200 of Cr.P.C. read with Section 138 of Negotiable Instruments Act, 1881, on account of dishonour of the cheque said to be issued by Alfara A General Contracting Pvt. Ltd. and in that background had made the directors of the said company as co- - 3 - HC-KAR CNR: KAHC010716742024 NC: 2026:KHC:50162 CRL.P No. 2 of 2025 accused. It is challenging the same, the petitioner is before this Court. 3. The submission of learned counsel for the petitioner is that as per the averments made in the complaint, cheque has been issued by Alfara A Infra Projects Pvt. Ltd., of which the petitioner has resigned on 29.05.2018. The cheque having been issued on 29.11.2018, after the retirement of the petitioner, as such, the proceedings for dishonour of cheque after the petitioner having retired. 4. Having heard learned counsel for the petitioner and having perused the cheque, it is seen that the cheque has been issued from the account of Alfara A General Contracting Pvt. Ltd., accused No.1 in the said proceedings and not on the account of Alfara A Infra Projects Pvt. Ltd. Since the cheque has been issued on Alfara A General Contracting Pvt. Ltd., a perusal of the print out of the same from the website of the company, indicates that the petitioner - 4 - HC-KAR CNR: KAHC010716742024 NC: 2026:KHC:50162 CRL.P No. 2 of 2025 continues to be a director until 8.06.2023 i.e., to say at the relevant period of time the petitioner was the director of Alfara A General Contracting Pvt. Ltd. The averments made in the complaint that the cheque was issued by Alfara A Infra Projects Pvt. Ltd., when on the face of it, the cheque has been issued by Alfara A General Contracting Pvt. Ltd., cannot hold any substance. 5. No grounds being made out, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 1