- 1 - HC-KAR NC: 2026:KHC-D:1817 CRL.P No. 100559 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100559 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: M/S VENKATESHWARA POWER PROJECT LTD. (SUGAR FACTORY) POST. BEDAKIHAL,TQ. CHIKKODI REPRESENTED BY SHRI. RAKESH RAMGOUDA PATIL AGE. 42 YEARS, OCC. SERVING AS CLERK IN VPP (S.F) LTD., R/O. BEDIKIHAL, TQ. CHIKKODI DIST. BELAGAVI, PIN CODE. 591214. …PETITIONER (BY SRI. SANJAY S. KATAGERI, ADVOCATE) AND: SHRI. MANE RAMAHARI BABU AGE. MAJOR, OCC. HARVESTER AND TRANSPORT CONTRACTOR OF SUGAR CANE R/O. ZAGADEWADIGALI TQ. BOOM, DIST. OSMANABAD MAHARASHTRA STATE, PIN CODE. 413106. …RESPONDENT (NOTICE SERVED TO RESPONDENT) CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.12 16:54:45 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1817 CRL.P No. 100559 of 2021 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE IMPUGNED ORDER DATED 02/09/2020 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, CHIKKODI IN C.C.NO.09/2014 (PCR NO.23/2012) REGARDING MAINTAINABILITY OF THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 142(2) OF THE AMENDED ACT ON N.I. ACT, 1881 AND ORDER DATED 29/09/2014 PASSED BY THEN I ADDL. CIVIL JUDGE AND JMFC, CHIKKODI, WHEREIN THE PETITIONER WAS DIRECTED TO PRESENT THE SAID COMPLAINT FILED UNDER SECTION 138 OF N.I. ACT, BEFORE THE JURISDICTIONAL COURT OF THE DRAWER BANK, BY ALLOWING THIS CRIMINAL PETITION, AND CONSEQUENTLY THEREBY DIRECTING THE SAID TRIAL COURT TO PROCEED THE SAID C.C.NO.09/2014 ON ITS MERITS BEFORE IT, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Sanjay S. Katageri, learned counsel appearing for petitioner. 2. Respondent served and unrepresented. 3. Learned counsel Sri.Sanjay S. Katageri, appearing for the petitioner would submit that, on account of Jurisdictional Issue, the earlier complaint came to be dismissed with a direction to file it before the appropriate Court. Accordingly, the complaint was withdrawn and a fresh complaint came to be filed - 3 - HC-KAR NC: 2026:KHC-D:1817 CRL.P No. 100559 of 2021 along with an application before the same Court, noting that there had been a change in law. 4. However, the learned trial Magistrate dismissed the application and consequently dismissed the private complaint filed under Section 200 Code of Criminal Procedure, alleging the commission of an offence under Section 138 of the Negotiable Instruments Act. 5. Following the dictum of the Hon'ble Apex Court in the case of Jai Balaji Industries Ltd., vs. M/s. HEG Limited1, the dismissal of the complaint is found to be incorrect. 6. Accordingly, the following order: ORDER (i) The Criminal Petition is allowed. (ii) The impugned order dated 02.09.2020 passed in C.C. No.09 of 2014 by the Additional Civil Judge and JMFC, Chikkodi, is hereby set-aside. 1 2025 SCC OnLine SC 2581 - 4 - HC-KAR NC: 2026:KHC-D:1817 CRL.P No. 100559 of 2021 (iii) The matter is remitted to the trial Magistrate for fresh consideration and disposal in accordance with law. (iv) All contentions of both parties are kept open to be urged before the trial Court. Sd/- (V.SRISHANANDA) JUDGE RHR/-CT-CMU LIST NO.: 1 SL NO.: 28