Vidya Vishal Gavade v. Anand Shivaji Gowli
Case brief
What is this about?
Criminal petition under S.528 BNSS 2023 (482 CrPC equivalent) seeking quashing of C.C.No.768/2025 under S.138 Negotiable Instruments Act pending before Civil Judge and I Additional JMFC, Sirsi, arising from Private Complaint No.122/2025, JMFC Sirsi; petitioner pleaded prior repayment of cheque amount through RTGS and re-prosecution on the same cheque by complainant's father; Court directed that repayment be urged as defence with material evidence before Trial Magistrate; liberty to seek cross-examination of complainant under S.145(2) NI Act per Indian Bank Association v. Union of India, AIR 2014 SC 2528; petition disposed of, not quashed; Karnataka High Court Dharwad; V. Srishananda, J.; decided 09-01-2026; cheque dishonour; NI Act 138; RTGS repayment; second prosecution on same cheque.
What did the court decide?
Petition not allowed by quashing; liberty granted to the petitioner to urge the repayment defence with necessary proof and material evidence before the learned Trial Magistrate, and, per Indian Bank Association v. Union of India, to file an application under S.145(2) N.I. Act to cross-examine the complainant.