- 1 - HC-KAR NC: 2026:KHC:20811 CRL.P No. 2307 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2307 OF 2026 BETWEEN: 1. MR. HANUME GOWDA Y.M., S/O MR.G.MARIGOWDA, AGED ABOUT 55 YEARS, PRESIDENT OF NAVAJEEVANA GRUHANIRMANA SAHAKARA SANGHA LTD., OFFICE NO.359/1, I FLOOR, T.NARASIPURA MAIN ROAD, ALANAHALLI, NAZARBAD MOHOLLA, MYSORE - 570 026. 2. MR.SHIVARAMEGOWDA, (MR.K.L.SHIVARAMU), S/O MR.K.P.LINGAIAH, AGED ABOUT 65 YEARS, DIRECTOR OF M/S. NAVAJEEVANA GRUHANIRMANA SAHAKARA SANGHA LTD., OFFICE NO.359/1, I FLOOR, T.NARASIPURA MAIN ROAD, ALANAHALLI, NAZARBAD MOHOLLA, MYSORE - 570 026. …PETITIONERS (BY SRI. B. KESHAVA MURTHY., ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20811 CRL.P No. 2307 of 2026 AND: M/S SBT BUILDERS AND DEVELOPERS, REPRESENTED BY ITS PROPRIETOR MR.S.B.SURESH, S/O LATE BASAVANNA, T.NARASIPURA MAIN ROAD, ALANAHALLI GIRIDHARSHINI LAYOUT, RIGHT ROAD SIGNAL, NAZARABAD MOHOLLA, MYSORE - 570 026. …RESPONDENT (BY SRI. K.A.CHANDRASHEKARA., ADVOCATE) THIS CRL.P. IS FILED U/S.482 OF (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE COMPLAINT FILED BY THE RESPONDENT HEREIN, REGISTERED IN C.C.NO.4661/2024 PENDING ON THE FILE OF THE V ADDL CIVIL JUDGE AND JMFC MYSURU FOR THE ALLEGED OFFENCE P/US/ 138 OF NI ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: - 3 - HC-KAR NC: 2026:KHC:20811 CRL.P No. 2307 of 2026 "WEREFORE, the Petitioners above named respectfully prays that this Hon'ble Court be pleased to quash the Complaint filed by the Respondent herein, registered in C.C.NO.4661/2024, pending on the file of V Addl. Civil Judge and JMFC, Mysuru, for the alleged offences punishable u/s 138 of N.I. Act and pass such other order/s as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice." 2. Heard Sri. B. Keshava Murthy, learned counsel appearing for the petitioners, Sri. K.A. Chandrashekara, learned counsel appearing for the respondent and have perused the material on record. 3. The petitioners are accused Nos.2 and 3. The respondent is the complainant. A transaction between accused No.1 - Housing Society and the complainant and its breach, leads the complainant to invoke the jurisdiction of the learned Magistrate under Section 200 of the Cr.P.C. for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). 4. The concerned Court takes cognizance of the offence and issue summons. Accused Nos.2 and 3 are before this Court challenging the said proceedings before the concerned Court. - 4 - HC-KAR NC: 2026:KHC:20811 CRL.P No. 2307 of 2026 5. Learned counsel appearing for the petitioners submits that the entire amount has been repaid to the complainant and therefore, there is nothing that he can prosecute under Section 138 of the Act. 6. Learned counsel appearing for the respondent submits that it is a seriously disputed question of fact as whether the amount was repaid or otherwise. What is before the concerned Court is the instrument. The instrument is admitted and the signature is admitted. Whether repayment has been done or otherwise is a matter of record. 7. In the light of the said submission and contra submission, finding no legal lacunae in the concerned Court taking cognizance and issuance of summons. The only order that can be passed at this juncture on the aforesaid submission is the concerned Court would also bear in mind that the amount is repaid to the complainant as is contended by the accused while the concerned Court would pass its final orders or take the issue to its logical conclusion. - 5 - HC-KAR NC: 2026:KHC:20811 CRL.P No. 2307 of 2026 With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 26