- 1 - HC-KAR CNR: KAHC010464822025 NC: 2026:KHC:49533 WP No. 20983 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION No.20983 OF 2025 (GM-RES) BETWEEN: SRI GOPALAPPA S/O LATE DODDAKENCHAIAH, AGED ABOUT 69 YEARS, RESIDING AT UPPARAKOPPALU VILAGGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT -571 432. …PETITIONER (BY SRI. SATISH K, ADVOCATE) AND: 1. SRI MALLAIAH S/O LATE BOREGOWDA, AGED ABOUT 85 YEARS, RESIDING AT NO.KT-403, CHETHANA NILAYA, 6TH CROSS, OPPOSITE TO B C COLONY, CHAMUNDESHWARI NAGAR, MANDYA DISTRICT MANDYA -571 401. 2. THE STATE BY MANDYA WEST POLICE STATION REPRESENTED BY ITS SUB-INSPECTOR OF POLICE, MANDYA SUB-DIVISION, MANDYA DISTRICT -571 401. …RESPONDENTS (BY SRI. SREENIVASAN M Y, ADVOCATE FOR R1; SRI SURYA MUKUNDARAJ, ADDITIONAL PUBLIC PROSECUTOR FOR R2) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010464822025 NC: 2026:KHC:49533 WP No. 20983 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO CALL FOR RECORDS IN C.C. NO.877/2024 PENDING ON THE FILE OF THE HON’BLE JUDICIAL MAGISTRATE FIRST CLASS - II, MANDYA AND GRANT AN INTERIM ORDER TO STAY THE IMPUGNED PRIVATE COMPLAINT RECORD NO.342/2024 DATED 22.07.2024 FILED BY THE RESPONDENT NO.1 (ANNEXURE-D), THE IMPUGNED ORDER DATED 09.08.2024 PASSED BY THE LEARNED JUDICIAL MAGISTRATE FIRST CLASS II, MANDYA IN P.C.R.NO.342/2024 WHICH IS RENUMBERED AS C.C.No.877/2024 PENDING ON THE FILE FO THE HON’BLE JUDICIAL MAGISTRATE FIRST CLASS II, MANDYA (ANNEXURE- G) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Satish K, learned counsel for the petitioner, Sri M.Y.Sreenivasan, learned counsel for respondent No.1 and Sri Surya Mukundaraj, Additional Public Prosecutor for respondent No.2. 2. Petition under Articles 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure with the following prayer: “Issue a writ or order quashing the impugned private complaint record No. 342/2024 dated - 3 - HC-KAR CNR: KAHC010464822025 NC: 2026:KHC:49533 WP No. 20983 of 2025 22.07.2024 filed by the respondent No.1 (Annexure-D), the impugned Order dated 09.08.2024 passed by the learned Judicial Magistrate First Class-II, Mandya, in PCR No.342/2024 which is renumbered as C.C.No. 877/2024 and all proceedings in C.C.No.877/2024 pending on the file of the Hon’ble Judicial Magistrate First Class-II, Mandya (Annexure-G), to meet the ends of justice;” 3. Petitioner is the accused in C.C No.877/2024 on the file of the Judicial Magistrate First Class-II, Mandya. 4. Petitioner is facing the criminal prosecution under Section 138 of the Negotiable Instruments Act as cheque issued by him, got dishonored and there was no compliance to the callings of the legal notice. 5. The sum and substance of the case of the petitioner is that he was suffering from brain tumor and he lost memory in the year 2021 itself. Therefore, he could not have issued the cheque which is subject matter of the present proceedings in the year 2024. As such, it is a clear case of concoction on the part of the complainant and there is no legally recoverable debt - 4 - HC-KAR CNR: KAHC010464822025 NC: 2026:KHC:49533 WP No. 20983 of 2025 covered under dishonoured cheque which is sine qua non for proceeding with the trial. Thus, sought for allowing the petition. 6. Such a defence cannot be countenanced by this Court, that too, in the writ jurisdiction. 7. At the most, it is a defence available for the petitioner to be urged in the pending criminal trial in accordance with law. 8. Reserving such liberty for the petitioner, following: ORDER Petition dismissed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 2 Sl No.: 15 CT:VR