- 1 - HC-KAR NC: 2026:KHC-D:220 CRL.P No. 104235 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104235 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: VIDYA VISHAL GAVADE AGE 42 YEARS, OCC. HOUSEWIFE R/O. GANTIKERI NEAR CBT HUBLI, TQ HUBLI AND DIST DHARWAD 580020. …PETITIONER (BY SRI. AMIT ANANDHALLI, ADVOCATE FOR SRII. S.G. KADADAKATTI, ADVOCATE) AND: ANAND SHIVAJI GOWLI AGE 55 YEARS, OCC. R/O. MARATIKOPPA LIONS ROAD SHIVAJI BUILDING, TQ SIRSI, DIST UTTARA KANNADA 581 402. …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023, PRAYING TO QUASH THE PROCEEDINGS IN CC.NO. 768/2025 PENDING BEFORE THE CIVIL JUDGE AND 1 ST ADDL. JMFC COURT SIRSI UTTAR KANNADA ARISING IN PRIVATE COMPLAINT NO.122/2025 BEFORE J.M.F.C. COURT SIRSI, DISTRICT UTTAR KANNADA FOR THE OFFENCE PUNISHABLE U/S 138 OF N.I. ACT BY ALLOWING THE PETITION, IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.01.14 14:07:20 +0530 - 2 - HC-KAR NC: 2026:KHC-D:220 CRL.P No. 104235 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) 1. Heard Sri. Amit Anandhalli, learned counsel appearing on behalf of Sri. S. G. Kadadakatti, learned counsel for the petitioner. 2. This petition is filed under Section 528 of Bharatiya Nyaya Suraksha Sanhita, 20231, with the following prayer: “Wherefore, it is respectfully prayed that this Hon’ble Court may kindly be pleased to:- a)To quash the proceedings in C.C.No.768/2025 pending before the Civil Judge and I Additional JMFC, Sirsi, Uttar Kannada arising in Private Complaint No.122/2025 before J.M.F.C. Court, Sirsi Dist Uttar Kannada for the offence punishable under Section 138 of N I Act, by allowing the petition in the ends of justice and equity. b) Pass such other suitable order or orders as this Hon’ble Court deem fit in the facts and 1 For short, ‘BNSS’ - 3 - HC-KAR NC: 2026:KHC-D:220 CRL.P No. 104235 of 2025 circumstances of the case in the ends of justice and equity.” 3. The petitioner is the accused in C.C.No.768/2025 and has been charged for the offence punishable under Section 138 of Negotiable Instruments Act, 18812. 4. The case of the petitioner is that he has already repaid the amount through RTGS, and despite the same, the father of the complainant has once again initiated proceedings on the very same cheque. 5. If it is so, it is always open for the petitioner to place those facts with necessary proof before the learned Trial Magistrate by producing necessary material evidence on record, as it is a defence available to the petitioner. 6. Having regard to the principles of law enunciated in the case of Indian Bank Association and Others Vs. Union of India and Another3, the petitioner may file an application under Section 145(2) of the N.I. Act and cross examine the complainant as well. 2 For short, ‘N.I. Act’ 3 AIR 2014 SC 2528 - 4 - HC-KAR NC: 2026:KHC-D:220 CRL.P No. 104235 of 2025 7. With that liberty for the petitioner, the following: ORDER The petition stands disposed off. Sd/- (V.SRISHANANDA) JUDGE SMM CT-CMU LIST NO.: 2 SL NO.: 51