- 1 - HC-KAR NC: 2026:KHC:14335 CRL.P No. 2011 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2011 OF 2026 BETWEEN: MITHUN, S/O BABU, AGED ABOUT 38 YEARS, R/AT D.NO. 1-238, BHAGAVADI, CROSS, DEVALKUNDA, DEVALKUNDA POST, KUNDAPURA, UDUPI 3 576 230. &PETITIONER (BY SRI. JAGAN MOHAN M. T., ADVOCATE) AND: ROHITH KHARVI, S/O GOVINDA KHARVI, AGED ABOUT 25 YEARS, R/AT NO 6-43, HAITAN MANE, (KARKI KALI) KUNDAPURA TALUK, THARAPATHI, POST UDUPI 3 576 232. &RESPONDENT THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.3216/2025 FILED AGAINST THE PETITIONER BY THE RESPONDENT FOR THE OFFENCES P/U/S 138 OF N.I ACT, 1881, BASED ON THE PCR FILED BY RESPONDENT PENDING ON THE BENCH OF HONBLE PRL. CIVIL JUDGE AND JMFC, AT UDUPI, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14335 CRL.P No. 2011 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question the proceedings in C.C.No.3216/2025 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter the 'N.I. Act' for short). 2. Heard Jagan Mohan M.T., learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner is the accused, the respondent is the complainant. It is the case of the petitioner that the petitioner had registered a complaint against the respondent for misusing the lost cheque which had become a crime in Crime No.71/2025 for offence punishable under Section 3(1)(p) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. It is that cheque that is presented before the bank, gets dishonored and the - 3 - HC-KAR NC: 2026:KHC:14335 CRL.P No. 2011 of 2026 complainant registers a crime for an offence punishable under section 138 of the N.I. Act. The proceedings before the concerned court is what is called in question. 4. Learned counsel for the petitioner submits that he had registered a crime under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 on the score that his cheque had been stolen and misused. In that light, further proceedings must not be permitted to continue. The said submission is noted only to be rejected. The cheque is admittedly issued by the petitioner which is the subject matter of the proceedings before the concerned Court. The proceedings before the concerned Court are summary in nature. It is for the petitioner to prove all that before the concerned Court by way of cogent evidence or otherwise. 5. Stalling the proceedings for an offence punishable under Section 138 of the N.I. Act on the specious plea that the petitioner has registered a crime on account of stealing of the cheque, would amount to entering into evidence and - 4 - HC-KAR NC: 2026:KHC:14335 CRL.P No. 2011 of 2026 deciphering the same in a proceeding under section 528 of the BNSS, for an offence punishable under Section 138 of the N.I. Act. Petition lacking in merit, stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 54