A Section 138 NI Act accused sought to quash proceedings arguing the cheque was presented after his account was closed and after the drawee bank's merger. The court held this was a disputed question of fact to be decided at trial and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:1633 CRL.P No. 8676 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE M G UMA
CRIMINAL PETITION NO. 8676 OF 2019
BETWEEN:
SRI. SHANKARA GAUD S/O SRI BIMAN GAUD AGED BOUT 45 YEARS, PROPRIETOR SHRI GURUKRUPA KRUSHI KENDRA, NEW BUS STAND MAIN ROAD, TALUK DEODURGA RAICHUR - 584 111 RESIDING AT NO 4/2/28/1, SAROJINI ONE, DEODURGA RAICHUR - 584 111
…PETITIONER
(BY SRI. DALWAI VENKATESH, ADVOCATE)
AND:
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
M/S. PEREGRINE PHOSPHATE (P) LTD REPRESENTED BY DIRECTOR MR MADHU KUMAR VARMA S/O SRI VIJAY VARMA RAJ B.M AGED ABOUT 49 YEARS, NO.312, B WING, 3RD FLOOR MITTAL TOWER, NO.6, M.G. ROAD, BANGALORE - 560 001, REPRESENTED BY ITS MANAGER, MR. PAVAN G. PATIL S/O SRI. GANESHRAO PATIL, AGED ABOUT 31 YEARS,
…RESPONDENT
(BY SRI. D. PRABHAKAR, ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.12823/2019 PENDING ON THE FILE OF THE XLII A.C.M.M., BENGALURU AT DOCUMENT NO.1.
NC: 2026:KHC:1633 CRL.P No. 8676 of 2019
HC-KAR
THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE M G UMA
ORAL ORDER
The petitioner being the sole accused in
CC.No.12823/2019 pending on the file of the learned XLII Additional Chief Metropolitan Magistrate Court, Bengaluru, registered for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'NI Act'), is seeking to quash the criminal proceedings initiated against him
"Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?"
NC: 2026:KHC:1633 CRL.P No. 8676 of 2019
HC-KAR
My answer to the above point is in the 'Negative' for the following:
REASONS
NC: 2026:KHC:1633 CRL.P No. 8676 of 2019
HC-KAR
NC: 2026:KHC:1633 CRL.P No. 8676 of 2019
HC-KAR
petitioner before this Court, at the best may amount to his defence before the Trial Court, but the same cannot be a ground for quashing the criminal proceedings at this stage. This Court cannot hold a mini trial to find out the truth in the averments made in the petition and compare the averments made in the complaint. Accordingly, I answer the above point in the 'negative' and proceed to pass the following:
ORDER
The petition is dismissed .
SD/(M G UMA) JUDGE
PNV CT:VS List No.: 1 Sl No.: 30
1 issue framed by the court
Whether the criminal proceedings under Section 138 NI Act could be quashed on the contention that the cheque drawn on a merged bank was presented after the account was closed?
3 provisions across 2 enactments
Sri Shankara Gaud
M/s Peregrine Phosphate (P) Ltd
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
