- 1 - HC-KAR NC: 2026:KHC-D:522 CRL.P No. 103669 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 103669 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. M/S SANTOSH SHELTERS PRIVATE LIMITED R/BY ITS MANAGING DIRECTORS FEG.OFFICENO.206/2A, 6TH CROSS NAVANAGARAPALYA, CV RAMA NAGAR, BANGALORE-560093, MAMTA FARM GADIGE MAIN ROAD, BOGADI, MYSURU-570026, R/BY PETITIONER NO.1/A2 2. K. SRINIVASAN S/O K. THIMARAYAPPA AGE. 63 YEARS, MAMTA FARM GADIGE MAIN ROAD, BOGADI, MYSURU-570026 OFFICE NO.206/2A, 6U CROSS NAVANAGARAPALYA CV RAMAN NAGAR, BANGALORE-560093. 3. SMT. M. BHAGYARATHNA W/O SRINIVASAN K. AGE. 55 YEARS, MAMTA FARM GADIGE MAIN ROAD, BOGADI, MYSURU-570026 OFFICE NO.206/2A 6U CROSS NAVANAGARAPALYA CV RAMAN NAGAR, BANGALORE-560093. …PETITIONERS (BY SRI. MADHUKESHWAR DESHPANDE AND M. SUBRAMANI, ADVOCATES) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:522 CRL.P No. 103669 of 2024 AND: SHEKARE GOWDA H.K. C/O KODIGOWDA AGE. 61 YEARS, OCC. RETIRE GOVERNMENT HEAD MASTER R/O. 396 5TH MAIN, 12TH CROSS NEAR BANK COLONY, BAGODI MYSURU-570026. ALSO RESIDING AT C/O.K.B.MALLAD #G 102 RUKMINI SPLENDOR APARTMENT NER VENKATESHWARA TEMPLE, SARASWATPUR, DHARWAD-580002. …RESPONDENT (BY SRI. ANIL KALE, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS 2023, PRAYING TO CALL FOR THE RECORDS OF P.C.R. NO.829/2024 NOW IN CC NO.3171/2024 AND THE SAME IS PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC AT DHARWAD AND TO QUASH THE ENTIRE PROCEEDINGS OFFENCE P/U/SEC. 138 OF NI ACT IN P.C.R. NO.829/2024 NOW IN CC NO.3171/2024 AND THE SAME IS PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC AT DHARWAD, IN SO FAR AS THE PETITIONERS/ACCUSED NO. 1 TO 3 ARE CONCERNED. 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. M. Subramani, learned counsel for the petitioners and Sri. Anil Kale, learned counsel for the respondent. - 3 - HC-KAR NC: 2026:KHC-D:522 CRL.P No. 103669 of 2024 2. During the course of hearing a memo came to be filed, which reads as under: “The petitioners above most humbly submits that the petitioners herein submits that he is withdrawing the petition as against petitioner No.1 and petitioner No.2. Hence, the memo may be taken on record and the permitted the petitioners to withdraw the petition as against petitioner Nos.1 and 2, in the interest of justice and equity. ” 3. Placing the memo on record, the petition as against petitioner Nos.1 and 2, who are accused Nos.1 and 2, is dismissed. The petition is heard insofar as Smt. M. Bhagyarathna/accused No.3 who is not a signatory to the cheque. 4. On consideration of material on record it is noted that there are no specific allegations in the complaint against the petitioner No.3/accused No.3, nor is there any averment regarding the participation of petitioner No.3 in the alleged dishonour of the cheque. - 4 - HC-KAR NC: 2026:KHC-D:522 CRL.P No. 103669 of 2024 5. Learned counsel for the respondent has sought to support the case of the complainant by contending that petitioner No.3 is also responsible for the affairs of petitioner No.1 company, of which petitioner No.2 is a director and petitioner No.3 is also a director. 6. It is a settled principle of law and requires no further emphasis that an omnibus allegation is not sufficient to proceed against a person who is merely a director in the company. 7. Unless it is prima facie shown, by placing cogent material on record, that such director of the company was responsible for dishonour of the cheque, criminal proceedings against a director who is merely a name- lending director cannot be continued. 8. Accordingly, a case is made out to quash the pending proceedings as against petitioner No.4. - 5 - HC-KAR NC: 2026:KHC-D:522 CRL.P No. 103669 of 2024 9. Hence, the following: ORDER (i) Placing the memo on record, the petition against petitioner Nos.1 and 2/accused Nos.1 and 2 is hereby dismissed. (ii) The petition is allowed insofar as petitioner No.3 is concerned. (iii) Consequently, pending proceedings in C.C. No.3171/2024 on the file of Principal Civil Judge and JMFC, Dharwad, as against petitioner No.3 is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 2 SL NO.: 33