Allowed¶35

S N Ganesh S/O Nanjundswamy v. Poorneema Agencies

Karnataka HC5 Feb 2026CRL.P/101316/2023

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashment; Section 138 N.I. Act cheque dishonour proceedings; retired partners of the firm not responsible for dishonour; retirement from partnership firm prior to dishonour; reconstitution of partnership firm; abuse of process of law; C.C.No.1245/2022; I JMFC Court Hubballi; Accused Nos. 4 and 8; Poorneema Agencies; High Court of Karnataka at Dharwad; Justice V. Srishananda; decided 05-02-2026.

What did the court decide?

Pending proceedings in C.C.No.1245/2022 on the file of I J.M.F.C., Hubballi quashed insofar as the present petitioners are concerned. ¶35

S N Ganesh S/O Nanjundswamy Vs Poorneema Agencies — Cheque Dishonour | Karnataka HC (2026)

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1 - NC: 2026:KHC-D:1761 CRL.P No. 101316 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 5^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL PETITION NO. 101316 OF 2023

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(482(Cr.PC)/528(BNSS)-)

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BETWEEN:

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S. N. GANESH S/O. NANJUNDSWAMY, AGED BOUT 30 YEARS, OCC: BUSINESS, MAILARESHWAR NILAYA, OPP. ASHOKA ROAD, SHIVAMOGGA - 577202.

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SMT. ROOPA K AGE: 45 YEARS, OCC: HOME MAKER, NO. 5693, HIG, 2^ND STAGE, 3^RD CROSS, VIJAYANAGAR, MYSURU - 570017.

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…PETITIONERS

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(BY SMT.BUSHRA S.WAREMANI, ADVOCATE FOR SRI. ANOOP G. DESHPANDE, ADVOCATE)

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.12 16:54:51 +0530

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AND:

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POORNEEMA AGENCIES REPRESENTED BY ITS PROPRIETOR, SMT. PANIBAI W/O LATE BABULAL JAIN, REPRESENTED BY HER GPA HOLDER SHRI MAHENDRAKUMAR S/O. LATE BABULAL JAIN, AGE. 51 YEARS, OCC. BUSINESS, OFF AT KATARIA TRADE CENTRE, KOPPIKAR ROAD, HUBBALLI - 580020. (BY SRI. S.S. NIRANJAN, ADVOCATE)

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…RESPONDENT

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NC: 2026:KHC-D:1761 CRL.P No. 101316 of 2023

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HC-KAR

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT DATED 08.06.2022 AND THE ENTIRE PROCEEDINGS IN C.C.NO.1245/2022 P/U/SEC. 138 OF N.I. ACT, PENDING ON THE FILES OF I JMFC COURT, HUBBALLI AS AGAINST THE PETITIONERS WHO ARE ARRAYED AS ACCUSED NOS. 4 AND 8 RESPECTIVELY.

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

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Heard Smt.Bushra S.Waremani for Sri Anoop G. Deshpande, learned counsel for petitioners and Sri S.S.Niranjan for Sri Shivashankar Ambli, learned counsel for respondent.

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Petitioners are the retired partners of the firm and they were no way responsible for the alleged dishonour of the cheque by the firm.

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Material on record depict that they had retired from the partnership firm much earlier to the dishonour of the cheque and there is reconstitution of the partnership firm.

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