Sri Shashikanth Bhat Vs Sri Yashvanth Shetty

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.7395/2023 PENDING BEFORE THE 19^TH ADDL. CMM, AT BANGALORE AS PER ANNEXURE-B.

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NC: 2025:KHC:43188 CRL.P No. 13118 of 2025

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HC-KAR

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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 proceeding

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pending before the Court of XIX Additional Chief Metropolitan Magistrate in C.C.No.7395/2023.

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The above proceeding is initiated by the respondent/complainant for an offence punishable under Section 138 of the Negotiable Instruments Act against the petitioner/accused.

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It is alleged that the complainant on a request of accused, who expressed some financial difficulties, lent a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) and in discharge of the said amount, accused issued a cheque, which when presented to the bank got dishonored. Further, the accused failed to make the payment inspite of receipt of a legal notice.

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NC: 2025:KHC:43188 CRL.P No. 13118 of 2025

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HC-KAR

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It is the contention of the learned counsel for

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petitioner that the transaction is in respect of a vehicle and respondent has filed a suit before the learned Additional City Civil and Sessions Judge, Bengaluru in O.S.No.3898/2023 seeking permanent injunction. He

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therefore, contended that the entire allegations in the complaint filed before the learned Magistrate that the cheque issued by the petitioner is in discharge of a legally enforceable debt etc., are false.

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The contention of the learned counsel for the petitioner cannot be accepted. The averments in the complaint does not indicate any sale of vehicle and the amount due to the complainant in respect of the vehicle. It is stated that due to financial difficulties, the accused borrowed a sum of Rs.4,00,000/- (Rupees Four Lakhs

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Only) and in discharge of the same he issued a cheque bearing No.000005 dated 25.11.2022 drawn on IDFC First Bank, Chandra Layout, Bengaluru. The said cheque when

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4 - NC: 2025:KHC:43188 CRL.P No. 13118 of 2025

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HC-KAR

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presented to the bank returned with an endorsement "Payment stopped by the drawer". The respondent has failed to make the payment within the prescribed period, after receiving the legal notice. Hence, the complaint was filed alleging an offence under Section 138 of the Negotiable Instruments Act.

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The petitioner/accused can take all the contentions

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before the trial Court by way of rebuttal evidence. The proceeding pending before the learned Magistrate cannot be quashed on the grounds urged by the petitioner. Petition is dismissed .

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I.A. No.1/2025 is dismissed.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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SBN

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List No.: 1 Sl No.: 32

Sri Shashikanth Bhat v. Sri Yashvanth Shetty

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Sri Shashikanth Bhat v. Sri Yashvanth Shetty

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