Ravi Prakash Reddy H. S/O Late Rajagopal Vs Suco Souharda Sahakari Bank Ltd.

SUCO SOUHARDA SAHAKARI BANK LTD., GANDHI NAGAR BRANCH, R/BY ITS BRANCH MANAGER, SRI VINAY JOSHI S/O JAGANNATH, AGED ABOUT 31 YEARS, MOKA ROAD, GANDHINAGAR, R/O. BALLARI, BALLARI-583 101.

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…RESPONDENT

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(BY SMT.VIDYAVATI M.KOTTURSHETTAR, ADVOCATE)

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2 - NC: 2026:KHC-D:867 CRL.P No. 104677 of 2025

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HC-KAR

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO QUASH THE PROCEEDINGS OF C.C.NO.197/2020 PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC, BALLARI FOR THE SECTION 138 OF N.I. ACT AS AGAINST THE PETITIONERS/A1 TO A3, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, 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 Sri Anilkumar H.Budarpur, learned counsel for petitioners and Smt.Vidyavati M.Kotturshettar, learned counsel for respondent.

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Petition filed under Section 482 Cr.P.C. with the following prayer:

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“To quash the proceedings of C.C.No.197/2020 pending before the Prl. Civil Judge and JMFC, Ballari for the section 138 of N.I. Act as against the petitioners/A1 to A3, in the interest of justice and equity.”

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In respect of a dishonored cheque, petitioners have been prosecuted by the respondent/Bank under Section 138 of the Negotiable Instruments Act, 1881.

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3 - NC: 2026:KHC-D:867 CRL.P No. 104677 of 2025

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HC-KAR

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Main ground on which the petitioners are seeking quashing of the pending criminal proceedings in C.C.No.197/2020 is that the main borrower has paid the entire amount and thereafter, the Bank is proceeding with the case to have a double benefit.

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Smt.Vidyavati M.Kottursheter, learned counsel for the respondent opposes the said submission and contends that the loan amount is not yet cleared and there was a request to sell the property by the petitioners themselves which has been considered by the Bank.

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Taking note of these disputed aspects of the matter, a mini trial cannot be held by this Court.

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At the most, the grounds urged in the petition would be in the form of a defence which has to be established by the petitioners in the trial in the light of the guidelines issued by the Hon'ble Supreme Court in the case of Indian Bank Association and others v. Union of India and others reported in (2014) 5 SCC 590 .

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