- 1 - HC-KAR NC: 2026:KHC:20808 CRL.P No. 2836 of 2026 C/W CRL.P No. 9419 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2836 OF 2026 C/W CRIMINAL PETITION NO. 9419 OF 2025 IN CRL.P No. 2836/2026 BETWEEN: IQHLAS AHAMED, S/O KHUMEER AHMED, AGED ABOUT 30 YEARS, PROPRIETOR PRESTIGE FOOT PRINT, RESIDING AT BESIDE S.U. HOUSE, 1ST MAIN, 3RD CROSS, THERAHALLI MAIN ROAD, MAHALAKSHMI LAYOUT, KOLAR - 563 101. …PETITIONER (BY SRI. SREEDHARA G.R., ADVOCATE) AND: 1. SRI. ATHAULLA KHAN, S/O LATE BAKSHU KHAN, SINCE DEAD BY HIS L.RS SHAKEELA KHATOON, W/O LATE ATHAULLA KHAN, AGED ABOUT 60 YEARS, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20808 CRL.P No. 2836 of 2026 C/W CRL.P No. 9419 of 2025 2. UMME SALMA KHANUMI, W/O SYED WASEEN JALAL, D/O LATE ATHAULLA KHAN, AGED ABOUT 30 YEARS, 3. NYAMATHULLA KHAN, S/O LATE ATHAULLA KHAN, AGED ABOUT 26 YEARS, 4. UMME SABA KHANUM, W/O MOHAMMED SHOAHEB, D/O LATE ATHAULLA KHAN, AGED ABOUT 23 YEARS, ALL THE RESPONDENT NO.1 TO 4 ARE RESIDING AT NO.786, BESIDE VOKKALIGA HOSTEL, FORT, KOLAR - 563 101. …RESPONDENTS (BY SRI.FAYEEZULLA KHAN, ADVOCATE FOR R1 TO R4) THIS CRL.P. IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 14.01.2026 IN CC.NO.2891/2025, PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC, AT KOLAR (OLD NO.63/2020 IN THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND CJM, AT KOLAR) AND ALLOW THE ABOVE PETITION. IN CRL.P NO. 9419/2025 BETWEEN: IQHLAS AHAMED, S/O KHUMEER AHMED, AGED ABOUT 35 YEARS, - 3 - HC-KAR NC: 2026:KHC:20808 CRL.P No. 2836 of 2026 C/W CRL.P No. 9419 of 2025 PROPRIETOR PRESTIGE FOOT PRINT, RESIDING AT BESIDE S.U. HOUSE, 1ST MAIN, 3RD CROSS, THERAHALLI MAIN ROAD, MAHALAKSHMI LAYOUT, KOLAR - 563 101. ...PETITIONER (BY SRI. SREEDHARA G.R., ADVOCATE) AND: 1. SRI. ATHAULLA KHAN, S/O LATE BAKSHU KHAN, SINCE DEAD BY HIS L.RS SHAKEELA KHATOON, W/O LATE ATHAULLA KHAN, AGED ABOUT 65 YEARS, 2. UMME SALMA KHANUMI, W/O SYED WASEEN JALAL, D/O LATE ATHAULLA KHAN, AGED ABOUT 35 YEARS, 3. NYAMATHULLA KHAN, S/O LATE ATHAULLA KHAN, AGED ABOUT 31 YEARS, 4. UMME SABA KHANUM, W/O MOHAMMED SHOAHEB, D/O LATE ATHAULLA KHAN, AGED ABOUT 28 YEARS, ALL THE RESPONDENT NO.1 TO 4 ARE RESIDING AT NO.786, - 4 - HC-KAR NC: 2026:KHC:20808 CRL.P No. 2836 of 2026 C/W CRL.P No. 9419 of 2025 BESIDE VOKKALIGA HOSTEL, FORT, KOLAR - 563 101. …RESPONDENTS (BY SRI.FAYEEZULLA KHAN, ADVOCATE FOR R1 TO R4) THIS CRL.P. IS FILED U/S.482 OF (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER AS PER ANNEXURE A IN C.C.NO.515/2019 FOR THE OFFENCE P/US/ 138 OF NI ACT REGISTERED BY THE PRINCIPAL 2nd ADDL. SENIOR CIVIL JUDGE AND JMFC AT KOLAR. THESE PETITIONS, 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, seeking the following prayer: "In Crl.P.No.2836/2026: a) the petitioner most humbly pray that this Hon'ble Court may kindly be pleased to set aside the order dated 14/01/2026 in CC No.2891/2025 pending on the file of PRL CIVIL JUDGE & JMFC AT KOLAR,(old no.63/2020 in the court of II Addl Senior Civil Judge and CJM at Kolar). - 5 - HC-KAR NC: 2026:KHC:20808 CRL.P No. 2836 of 2026 C/W CRL.P No. 9419 of 2025 b) call for the records, peruse the same, allow the above Petition or in the alternative pass such other order/s as this hon'ble court deem fit to pass on the facts and in the circumstance of the case, in the interest of justice and equity. In Crl.P.No.9419/2025: a) the petitioner most humbly pray that this Hon'ble Court may kindly be pleased to Quash the further proceedings in CC No.63/2020 initiated against the Petitioner for the offence punishable under section 138 of Negotiable instrument act,, pending on the file of Principal 2nd Additional Senior Civil Judge and Jmfc at Kolar. b) call for the records, peruse the same, allow the above Petition or in the alternative pass such other order/s as this Hon'ble court deem fit to pass on the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri. Sreedhara G.R., learned counsel appearing for the petitioner, Sri. Fayeezulla Khan, learned counsel appearing for respondent Nos.1 to 4, in both the cases and have perused the materials on record. 3. Since both the petitions are by the same parties, they are taken up together and considered by this common order. - 6 - HC-KAR NC: 2026:KHC:20808 CRL.P No. 2836 of 2026 C/W CRL.P No. 9419 of 2025 4. The petitioner is the accused in both the cases and the respondents are the complainants. 5. The petitioner and the respondents have a transaction. In furtherance of the said transaction, the petitioner issues a cheque for an amount of Rs.1,13,50,000/-. 6. Learned counsel appearing for the petitioner would vehemently contend that the cheque issued is not in furtherance of a legally recoverable debt, but was in furtherance of the trade that was happening between the petitioner and the respondents. In that light, he would submit that the proceedings must not be permitted to be continued as there is no legally recoverable debt from the hands of the accused. 7. Per contra, the learned counsel appearing for the respondents submits that the capacity to pay or lend money or the other averments that are in the petition or that is now projected by way of arguments, are all seriously disputed question of fact. Therefore, it should be thrashed out by evidence before the concerned Court. - 7 - HC-KAR NC: 2026:KHC:20808 CRL.P No. 2836 of 2026 C/W CRL.P No. 9419 of 2025 8. Learned counsel would further add that Rs.1,13,00,000/- is not paid by cash, it is paid through bank transfer. In furtherance of the said transaction, the cheque is issued. The instrument is admitted and the signature on the instrument is admitted. 9. If that be so, this Court would not exercise its jurisdiction under Section 482 of the Cr.P.C. 10. Learned counsel appearing for the petitioner would join issue to contend that in the reply notice nothing of the sort that is now projected or in the complaint is made by the complainants. Therefore, on this score, the complaint itself was not entertainable. 11. The companion petition i.e., Crl.P.No.2836/2026 arises out of same proceedings. It is challenging the order of rejection of an application under section 91 of the Cr.P.C. seeking production of income tax returns of the complainants on the score to test the capacity of the complainants to pay the said amount. Insofar as the first petition is concerned, there is - 8 - HC-KAR NC: 2026:KHC:20808 CRL.P No. 2836 of 2026 C/W CRL.P No. 9419 of 2025 no warrant of interference, as all the submissions and contra submissions of both the petitioner and the respondents lay in the realm of seriously disputed questions of fact. This Court, in exercise of its jurisdiction under Section 482 of the Cr.P.C., would not enter upon seriously disputed question of fact to thrash out those and obliterate the proceedings in favour of the accused. It is for the accused to produce all material and come out clean in the trial. 12. The submission of the learned counsel appearing for the petitioner that income tax returns are necessary as is sought on an application filed under Section 91 of the Cr.P.C. is also untenable for the reason that the payment is not by cash, but the payment is through bank transfer. The income tax returns for the period is appended to the petition, which clearly demonstrates the capacity of the complainants to lend the amount. Be that as it may. 13. These frivolous factors cannot mean that the petition should be entertained and crime should be obliterated. - 9 - HC-KAR NC: 2026:KHC:20808 CRL.P No. 2836 of 2026 C/W CRL.P No. 9419 of 2025 14. In the light of the proceedings being of the year 2019-2020, I deem it appropriate to infuse finality into the proceedings with a direction to the concerned Court to endeavour to conclude the proceedings within an outer limit of three (3) months from the date of receipt of a copy of this order, in accordance with law. With the aforesaid observations, the petitions stand disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 32