- 1 - HC-KAR NC: 2026:KHC-D:1326 CRL.P No. 101882 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101882 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: MURUGESAN S/O PALANISWAMI AGE ABOUT 58 YEARS, OCC. BUSINESS, R/O. SHARAVANABHAVAN HOTEL MAHADEPURAM, PARAMATHY ROAD, TRUCHINGOUDE, DIST. NAMAKKAL, TAMIL NADU, CORRECT ADDRESS #07, DHANOJIPALYA, KASABA HOBLI, NELAMANGALA, DIST. BENGALURU 562132. …PETITIONER (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: RAJKUMAR S/O RAMCHANDRASA KATWA AGE. 55 YEARS, OCC. BUSINESS, R/O. WARD NO.2, NEAR BASAWESHWAR CIRCLE, ILKAL, TQ. ILKAL, DIST. BAGALKOT-587125. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023 SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO.1630/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF THE NI ACT PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC HUNGUND, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.03 15:09:45 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1326 CRL.P No. 101882 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Vitthal S.Teli, learned counsel for petitioner and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent. 2. Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita 2023 with the following prayer: “To quash the proceedings in C.C.No.1630/2022 for the offences punishable under Section 138 of the NI Act pending on the file of Addl. Civil Judge and JMFC, Hungund, in the interest of justice.” 3. Contention of the accused-petitioner is that there is no return of the demand notice and therefore, no offence has been committed at the most it can be a defence to be urged in the trial. 4. In view of the principles of law enunciated by the Hon'ble Apex Court in the case of Indian Bank Association and others v. Union of India and others reported in (2014) 5 SCC 590, reserving the liberty for the petitioner to urge all available defences in the trial, following order is passed. - 3 - HC-KAR NC: 2026:KHC-D:1326 CRL.P No. 101882 of 2025 ORDER Criminal Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE CLK Ct-cmu LIST NO.: 5 SL NO.: 20