- 1 - HC-KAR NC: 2026:KHC-D:1244 CRL.P No. 100967 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100967 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: MANOJ S/O. PRAHLAD SAWKAR AGE. 48 YEARS, OCC. MEDICAL PRACTITIONER, R/AT OM HOSPITAL, HIREGOUDAR COMPLEX, MEDLERI ROAD, ASHOK NAGAR, 3RD CROSS, RANEBENNUR, DIST. HAVERI-581110. …PETITIONER (BY SRI. ABHISHEK BARIGIDAD, ADVOCATE FOR SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) AND: SRI. VISHWANATHGOUDA S/O. GOVINDGOUDA HIREGOUDAR AGE. 65 YEARS, OCC. BUSINESS / AGRICULTURE, R/AT HULKOTI, TQ. AND DIST. GADAG. …RESPONDENT (BY SRI. SURAJ ADVOCATE FOR SRI. V.G. BHAT, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.1328 OF 2021 TAKING BY JMFC-I, GADAG UNDER SECTION 138 OF THE N.I. ACT INCLUDING THE ORDER DATED 16/03/2021 TAKING COGNIZANCE AND ORDER DATED 18/03/2021 ISSUING PROCESS AGAINST THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1244 CRL.P No. 100967 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Abhishek Barigidad, learned counsel appearing for Sri M.T. Bangi, learned counsel for the petitioner, and Sri Suraj, learned counsel appearing for Sri V.G. Bhat, learned counsel for the respondent. 2. The accused, who is the petitioner herein, has challenged the issuance of process in respect of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the N.I. Act’), contending that the accused has filed a complaint against the complainant– respondent alleging misuse of the cheque and that there is also a civil dispute pending before this Court in RFA No.100371/2019. It is therefore contended that there is no legally recoverable debt. 3. At best, the grounds urged by the accused are in the nature of a defence. 4. Therefore, following the dictum of the Hon’ble Apex Court in the case of Indian Bank Association & Ors. - 3 - HC-KAR NC: 2026:KHC-D:1244 CRL.P No. 100967 of 2021 v. Union of India & Ors.1, it is for the accused to satisfy the Trial Court that there is no legally recoverable debt, in view of the statutory presumption available to the complainant under Section 139 of the N.I. Act. 5. Reserving liberty to the petitioner to urge all available defences in the pending trial, accordingly, the following: ORDER The petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE AC, CT:CMU LIST NO.: 3 SL NO.: 11 1 AIR 2014 SC 2528