M/S Koiel Biscuits and Snacks v. Shri Basavashwara
NEGOTIABLE INSTRUMENTS ACT – Section 138 – Dishonour of cheque – Partnership firm vis-a-vis proprietary concern
Case brief
What is this about?
Five criminal revision petitions (CRL.RP Nos.1175, 1176, 1193, 1194 and 1196 of 2024) under S.397 r/w 401 Cr.P.C. / S.438 r/w 442 BNSS against convictions under S.138 N.I. Act in complaints by Shri Basavashwara Roller Flour Mills against M/s Koiel Biscuits and Snacks / M/s Koiel Food Process and Smt. Geeta Ravindra, arising from goods-purchase transactions (Rs.17,47,050/-) and loan transactions (Rs.40 lakh and Rs.35 lakh) with cheques of Rs.10 lakh, Rs.5 lakh and Rs.40 lakh dishonoured ('account closed', 'funds insufficient', 'high value cheque confer'). Issues: distinct legal entity of proprietary vs partnership concern, notice under S.138, cheques allegedly taken by force at police station, repayments through RTGS. Dhanasingh Prabhu v. Chandrasekar, (2025) 10 SCC 96 relied on (partners jointly and severally liable, not vicariously). All revisions dismissed by H.P. Sandesh, J., High Court of Karnataka, Bengaluru, 23.07.2026 (NC: 2026:KHC:37996; CNR: KAHC010552212024).