Dismissed¶38

Veerayya G Hiremath v. State of Karnataka

Karnataka HC10 Oct 2025CRL.P/12862/2025

Case brief

AI extract

What is this about?

Quashing of FIR refused at preliminary stage of investigation — CRL.P No. 12862 of 2025, High Court of Karnataka at Bengaluru (Mohammad Nawaz, J., 10-10-2025) — FIR Crime No.114/2025, Commercial Street Police Station, Bengaluru — offences under S.318(4), 336(2), 336(3), 338 and 3(5) BNS 2023 — alleged withdrawals of Rs.9,50,000/- and Rs.9,75,000/- from SBI account using cheques with forged signatures; cheque No.927473 — petition under S.482 Cr.P.C./S.528 BNSS dismissed; Court cannot enquire into allegations; truth to be investigated; liberty to challenge chargesheet if filed.

What did the court decide?

This Court cannot conduct an enquiry into the allegations in the quashing petition. ¶32

Veerayya G Hiremath Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the FIR registered in Crime No.114/2025 at Commercial Street Police Station, Bengaluru City, for offences punishable under Sections 318(4), 336(2), 336(3), 338 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, ought to be quashed under Section 482 Cr.P.C. / Section 528 BNSS. +1 more

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Court's answer

This Court cannot conduct an enquiry into the allegations in the quashing petition.

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Ratio / Principle

As the investigation is at a preliminary stage, it is too premature to say that the allegations/averments in the complaint are false; the truth or otherwise has to be investigated into.

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Key takeaways

The petitioner is at liberty to challenge the chargesheet, if any filed against him.ratio¶36-37

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. (filed under S.528 BNSS) seeking quashing of FIR in Crime No.114/2025 of Commercial Street Police Station, Bengaluru City, registered under Ss.318(4), 336(2), 336(3), 338 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the complaint of respondent No.2 alleging withdrawal of Rs.9,50,000/- and Rs.9,75,000/- from his SBI account (SB account No.54040885619, LC Road Branch, Shivajinagar) using cheques bearing forged signatures; the petitioner, arraigned as accused No.1, was alleged to have withdrawn Rs.9,50,000/- by forging respondent No.2's signature on cheque bearing No.927473. Contention that the allegations were false since the bank honoured the cheques, and that the transaction arose out of a fertilizer purchase, was not accepted: there was no material regarding any sale or purchase of fertilizers, the Court cannot conduct an enquiry into the allegations in the petition, the investigation was at a preliminary stage, and it was too premature to say the complaint averments were false; the truth had to be investigated. Petition dismissed (I.A.No.1/2025 also dismissed), with liberty reserved to the petitioner to challenge the chargesheet if any filed against him.

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NC: 2025:KHC:40104 CRL.P No. 12862 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12862 OF 2025

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BETWEEN:

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VEERAYYA G. HIREMATH S/O GURUSHANTAYYA, AGED 44 YEARS, R/AT NO. BLDE ROAD, GANCHINAKATTI COLONY, NEAR BIJAPUR VIJAYA COLLEGE, BIJAPUR-586 103.

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…PETITIONER

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(BY SRI. RAVIKUMAR M. BHANDARE, ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE OF KARNATAKA BY COMMERCIAL STREET POLICE STATION, COMMERCIAL STREET, SHIVAJINAGAR, BANGALORE-560 001, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU-01.

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MR. NATARAJAN L. S/O LOGANATHAN, AGED 65 YEARS, R/AT NO.368, 3^RD CROSS, 1^ST BLOCK, R.T. NAGAR, BANGALORE-560 032.

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…RESPONDENTS

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(BY SRI. RAHUL RAI K., HCGP FOR R1)

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NC: 2025:KHC:40104 CRL.P No. 12862 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR FILED IN CR.NO.114/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTION 318(4), 336(2), 336(3), 338 AND SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA, 2023 COMPLAINT REGISTERED AT COMMERCIAL STREET POLICE STATION, BANGALORE CITY, PENDING BEFORE 10^TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MAYOHALL UNIT, BANGALORE VIDE ANNEXUREA.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner is seeking to quash the FIR registered in Crime No.114/2025 at Commercial Street Police Station, Bengaluru City for the offence punishable under Section 3(5), 318(4), 336(3), 338 and 336(2) of BNS, 2023.

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In the complaint lodged by respondent No.2Natarajan L., he has alleged that the accused named in the FIR, by submitting cheques with his forged signature, have withdrawn a sum of Rs.9,50,000/and Rs.9,75,000/respectively from SB account No.54040885619 in the SBI Bank, LC Road Branch, Shivajinagar.

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NC: 2025:KHC:40104 CRL.P No. 12862 of 2025

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HC-KAR

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Petitioner is arraigned as accused No.1 in the FIR. As per complaint averments, he has withdrawn a sum of Rs.9,50,000/- by forging the signature of respondent No.2 in a cheque bearing No.927473.

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It is contended by the learned counsel for petitioner that there is some business transaction between respondent No.2 and petitioner and in connection with purchase of natural fertilizers by respondent No.2 from the petitioner, who is doing fertilizer business, respondent No.2 has issued a cheque. He contended that the allegations that the cheques are forged etc., are entirely false as the bank has honoured the cheques, even according to the complainant.

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There is no material placed regarding any sale or purchase of fertilizers as contended by the learned counsel for petitioner. This Court cannot conduct an enquiry into the allegations in this petition. The investigation is at the inspection. At this stage, it is too premature to say that the allegations/averments in the complaint are false. The truth or otherwise have to be investigated into.

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NC: 2025:KHC:40104 CRL.P No. 12862 of 2025

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HC-KAR

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