- 1 - HC-KAR NC: 2026:KHC-D:635 CRL.P No. 104988 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104988 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: ANAND S/O. LACHAMAPPA LAMANI AGE. 37 YEARS,OCC. BUSINESS, R/O. DONI TANDA, V. DIST GADAG TQ. MUNDARAGI, DIST. GADAG-582103 …PETITIONER (BY SMT. SHIVALEELA, ADVOCATE FOR SRI. SHAKTIPRASAD AKKI, ADVOCATE) AND: VITTAL S/O. CHAMAPANNA @ JAMPANNA LAMANI, AGE ABOUT 41 YEARS, OCC. BUSINESS, R/O. NAGAVI TANDA, TQ. MUNDARAGI, DIST. GADAG-582118. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED: 03/10/2022 PASSED BY IST ADDI CIVIL JUDGE AND JMFC-I GADAG IN CC.NO.1868/2022 THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE U/S. 138 OF OF NT ACT, IN PRIVATE COMPLAINT NO- 183/2022 BEFORE IST ADDI IVIL JUDGE AND [MFC I, GADAG AND ENTIRE PROCEEDINGS, IN C.C.NO. 1868/2022 AS PETITIONER/ ACCUSED IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS 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:635 CRL.P No. 104988 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.Shivaleela, learned counsel appearing on behalf of Sri.Shaktiparasad Akki, learned counsel for the petitioner. 2. Accused is the petitioner challenging the order taking cognizance and proceeding with the criminal case. 3. According to the petitioner, the legal notice does not pertain to the alleged transaction and therefore, there is no ingredients to attract the offence under Section 138 of the Negotiable Instruments Act and therefore, sought for quashing of the pending criminal case. 4. Having heard the arguments of learned counsel for the petitioner, this Court perused the material on record meticulously. 5. Following the dictum of the Hon'ble Apex Court in the case of Indian Bank Association and Others v. - 3 - HC-KAR NC: 2026:KHC-D:635 CRL.P No. 104988 of 2025 Union of India and Others reported in (2014) 5 SCC 590, at the most, the grounds urged in the petition is a matter of defence which has to be proved by the petitioner in the court by leading defence evidence. 6. Therefore, the prayer cannot be granted. 7. Hence, following: ORDER i. Petition is dismissed. ii. All the defence available to the petitioner is kept open to be urged in the pending proceedings in accordance with law. Sd/- (V.SRISHANANDA) JUDGE KAV CT-CMU LIST NO.: 2 SL NO.: 77