- 1 - HC-KAR NC: 2026:KHC-D:1050 CRL.P No. 103296 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103296 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: FAYYAZ AHMED S/O HUSENSAB ILKAL AGE 44 YEARS, OCC. SERVICE R/O. FAZLUL HAQ MANZIL, QURESHI COLONY, ATHANI ROAD, VIJAYAPURA 581601. …PETITIONER (BY SRI. VIJAY K. NAIK, ADVOCATE) AND: RAMESH APPASI @ APPASAHEB SANGANNAVAR AGE 36 YEARS, OCC. AGRICULTURE AND PRIVATE SERVICE, R/O. SHIROL, TQ. MUDHOL, DIST. BAGLAKOT 587313. …RESPONDENT (BY SRI. VENKATESH M. KHARVI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, SEEKING TO QUASH THE IMPUGNED ORDER DATED 11-12-2024 IN CRIMINAL CASE NO. 91/2023 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL AND ALLOW THE APPLICATION UNDER SECTION 348 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 DATED 10-10-2024 FILED BY THE PETITIONER IN CRIMINAL CASE NO.91/2023 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, MUDHOL, IN THE INTEREST OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:1050 CRL.P No. 103296 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Vijay K.Naik, learned counsel for petitioner and Sri Venkatesh M.Kharvi, learned counsel for respondent. 2. The accused in C.C.No.91/2023 is the petitioner challenging the rejection of the application filed under Section 348 of BNSS. 3. The facts of the case are as under: 3.1 Petitioner being the accused is facing the criminal prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881. 3.2 In the proceedings, he has filed an application under Section 348 of BNSS to summon the detailed work entrustment to the accused so as to establish that he was not present with the complainant for availing the hand loan. 3.3 Since the cheque that has been issued by the accused got dishonored for want of funds and question of - 3 - HC-KAR NC: 2026:KHC-D:1050 CRL.P No. 103296 of 2025 proving the hand loan is incidental in view of the presumption available to the complainant under Section 139 of the Negotiable Instruments Act, rightly the trial Magistrate exercised discretion in rejecting the application with cogent reasons. 4. Taking note of the fact that it is a fact that has to be established by the accused after leading his evidence, rejection of the application is just and proper and therefore does not require any further interference by this Court that too by exercising the inherent power. 5. Accordingly, following: ORDER Petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE CLK Ct-cmu LIST NO.: 2 SL NO.: 0