- 1 - HC-KAR NC: 2026:KHC-D:681 CRL.P No. 103067 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103067 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: PRASHANTH KALLUR AGE. 41 YEARS, OCC. BUSINESS, C/O. VEERASHAIVA LINGAYATH YUVA VEDIKE NO.55, 2ND CROSS ROAD, 3RD MAIN ROAD, AECS, 1ST STAGE, RMV 2ND STAGE, SANJAY NAGAR MAIN ROAD, ASHWATH NAGAR, BENGALURU-560094. …PETITIONER (BY SRI. C.R. HIREMATH, ADVOCATE) AND: 1 SRI. SHIVANAND KASHAPPANAVAR S/O. RACHAPPA KASHAPPANAVAR AGE. 57 YEARS, OCC. AGRICULTURE, R/O. HAVARGI VILLAGE, NEAR BUS STAND, TQ. HUNUGUND, DIST. BAGALKOT-587118. DIED ON 02.09.2023 1A. SHARANAMMA W/O. SHIVANADA KASHAPPANAVAR AGE: 59 YEARS, OCC: HOUSEWIFE 1B. MAHANTESH S/O. SHIVANADA KASHAPPANAVAR AGE: 37 YEARS, OCC: AGRICULTURE, 1C. VEERESH S/O. SHIVANADA KASHAPPANAVAR Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:681 CRL.P No. 103067 of 2022 AGE: 36 YEARS, OCC: AGRICULTURE 1D. SANTOSH S/O. SHIVANADA KASHAPPANAVAR AGE: 34 YEARS, OCC: AGRICULTURE, ALL ARE R/O. HAVARAGI VILLAGE HUNUGUND TALUK, DIST. BAGALKOT. …RESPONDENTS (BY SRI. SANTOSH D.NARAGUND, ADVOCATE FOR R1(A) TO R1(D)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO. 1280/2019 PENDING BEFORE PRL. CIVIL JUDGE AND J.M.F.C. (P.C.R NO. 80/2019) HUNAGUND AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE U/SEC. 138 OF NEGOTIABLE INSTRUMENTS ACT, 1881, IN THE ENDS OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri C.R.Hiremath, learned counsel for petitioner and Sri Santosh D.Nargund, learned counsel for respondents. 2. Present petition is filed under Section 482 Cr.P.C. with the following prayer: “To quash the entire proceedings in C.C.No.1280/2019 pending before Prl. Civil Judge and J.M.F.C. (P.C.R No.80/2019) Hunagund against the - 3 - HC-KAR NC: 2026:KHC-D:681 CRL.P No. 103067 of 2022 petitioner/accused for the offence punishable u/sec. 138 of Negotiable Instruments Act, 1881, in the ends of justice.” 3. In respect of a dishonored cheque, proceedings were initiated by the respondent. However due to change of jurisdiction, the petition was withdrawn and represented before the jurisdictional Magistrate. Same is being called in question as improper procedure being adopted without there being a proper order and without filing an application for condonation of delay. 4. The other ground on which the pending proceedings is sought to be quashed is that there is no issuance of notice within the period of 30 days. 5. Pertinently these are all the defences available to the petitioner in the pending criminal proceedings. 6. Thus, following the dictum of the Hon'ble Apex Court in the case of Indian Bank Association and others v. Union of India and others reported in AIR 2014 SC 2528, it is for the accused to make out a case that he is not liable for the punishment under Section 138 of the Negotiable Instruments - 4 - HC-KAR NC: 2026:KHC-D:681 CRL.P No. 103067 of 2022 Act, especially when the cheque issued by the petitioner and signature found therein is not in dispute. 7. Accordingly, reserving the petitioner to urge all the available defences in the pending trial, following order is passed. ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE CLK CT:CMU LIST NO.: 2 SL NO.: 2