- 1 - HC-KAR CNR: KAHC010522712023 NC: 2026:KHC:54082 WP No. 22570 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 22570 OF 2023 (GM-RES) BETWEEN: 1. M/S GEAR FOUNDATION, REP BY ITS TRUSTEE, SRINIVASAN MUTTUSWAMY HAVING THEIR REGISTERED OFFICE AT GEAR INNOVATIVE, INTERNATIONA SCHOOL, MULTPLE INTELLIGENCE AND TALENTS DEVELOPMENT GURUKUL REGISTERED UNDER TRUSTS ACT - 1882. 2. MR. SRINIVASAN MUTTUSWAMY, AGED ABOUT 68 YEARS, S/O LATE MUTTUSWAMY GOUNDAR, SHOWN AS DIRECTOR M/S GEARS FOUNDATION, 3. MS. SAVITRHI SRINIVASAN, AGED ABOUT 59 YEARS, W/O SRINIVASAN MUTTUSWAMY, SHOWN AS DIRECTOR M/S GEARS FOUNDATION CURRENTLY R/AT: ALL SHOWN TO HAVE THEIR REGISTERED OFFICE AT: NO 175. GEAR ROAD, DODDAKANNELLI, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010522712023 NC: 2026:KHC:54082 WP No. 22570 of 2023 OFF SARJAPURA ROAD, AND OUTER RING ROAD, BENGALURU - 560 035. …PETITIONERS (BY SRI. SATYANARAYANA CHALKE S., ADVOCATE) AND: BOSCO FRANCIS CADDY, AGED ABOUT 73 YEARS, S/O LATE OSWAL CADDY, R/AT COPNANDELLE VILLA, N. BEEKAPPA ROAD, RAMASWAMU PALYA EXTENSION, M.S, NAGARA, BENGALURU - 560 033. …RESPONDENT (BY SRI. UDITA RAMESH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE ORDER:28.11.2022 ANNXURE-F PASSED BY THE LEARNED XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, AT BENGALURU IN C.C.NO.58415/2022 (P.C.R.NO.58165/2022)QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.58415/2022 (P.C.R.NO.58165/2022) ON THE FILE OF THE LEARNED XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, AT BENGALURU AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR CNR: KAHC010522712023 NC: 2026:KHC:54082 WP No. 22570 of 2023 ORAL ORDER A memo is filed on behalf of petitioners, same reads as under: "The undersinged counsel for the petitioner humbly submits that all the grounds, contentions urged herein, with respect to the petitioner No.1 and petitioner No.2 may be pleased to urged before the trial Court in CC.58415/22 and liberty may be reserved as this Court direct the same in the ends of justice." 2. Placing the memo on record, petition insofar as petitioner Nos.1 and 2 is dismissed. 3. Insofar as the third petitioner is concerned, since she is not the drawer of the cheque, continuation of the prosecution for the offence under Section 138 of the Negotiable Instruments Act,1881 is nothing but abuse of process of law. 4. Moreover, there is no other allegation other than the fact that she is the wife of accused No.2. As such, - 4 - HC-KAR CNR: KAHC010522712023 NC: 2026:KHC:54082 WP No. 22570 of 2023 a case is made out to quash the pending criminal proceeding insofar as the third petitioner is concerned. 5. Accordingly, the following: ORDER i. Petition is dismissed insofar as petitioner Nos.1 and 2 by placing the memo on record. ii. Petition is allowed insofar as the third petitioner is concerned and pending proceedings in CC.No.58415/2022 dated 28.11.2022 passed by learned XXXIV Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru, is hereby quashed in so far as third petitioner is concerned. iii. It is also made clear that, the first petitioner is shown as a trust and if so, the second petitioner being the trustee of the first petitioner, is facing the criminal prosecution - 5 - HC-KAR CNR: KAHC010522712023 NC: 2026:KHC:54082 WP No. 22570 of 2023 being the drawer of the cheque. A trust cannot be equated with that of a company. iv. Hence, all available defence insofar as the first petitioner is permitted to be urged by petitioner Nos.1 and 2, in accordance with law in the trial before the trial Court. Sd/- (V SRISHANANDA) JUDGE PK List No.: 1 Sl No.: 50