The High Court of Karnataka dismissed a writ petition under Articles 226 and 227 of the Constitution and Section 482 CrPC seeking quashing of a criminal proceeding under Section 138 NI Act, holding there was no ground for interference.
Petition dismissed reserving liberty to urge grounds before the Trial Court; all contentions kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:28155 WP No. 2120 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 2120 OF 2023 (GM-RES)
BETWEEN:
MR. SHASHANKA K.B., S/O LATE K.S.BHASKARA, AGED ABOUT 45 YEARS, FLAT NO.S1, SRINIKETHAN APARTMENTS, 27 AND 28, 7TH MAIN, DATTATREYA NAGAR, HOSAKEREHALLI, BENGALURU – 560 085.
…PETITIONER
(BY SRI. GIREESHA KODGI., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
NEXT TO ARUN ICE CREAM, BENGALURU – 560 056.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASHING PCR/CC NO.4735/2019 FILED BY THE R3 ON THE FILE OF THE XII ADDL.SCJ AND ACMM, COURT OF THE SMALL CAUSES, JUDGE(SCCH-8) AS PER ANNEXURE – E AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:28155 WP No. 2120 of 2023
ORDER
There is no ground to interfere with the cognizance taken
by the learned Magistrate for the offence punishable under Section 138 of the Negotiable Instruments Act.
All contentions are kept open.
Sd/JUDGE
RKA
List No.: 1 Sl No.: 32
1 issue framed by the court
Whether there is any ground to interfere with the cognizance taken by the Magistrate for the offence under Section 138 of the Negotiable Instruments Act.
4 provisions across 3 enactments
Mr. Shashanka K.B.
Jagadish D
Mrs. Shivaratna
Shivalingaiyah B
Sathisha V.B.
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
