Karnataka High Court
CRL.P/14172/2026 of VENKATASWAMY. G Vs MUNIVENKATAPPA.G on 5 October 2026
CNR: KAHC010632042026 NC: 2026:KHC:55151 CRL.P No. 14172 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO.14172 OF 2026 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VENKATASWAMY G. S/O
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO.14172 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
1.
VENKATASWAMY G.
S/O LATE CHIKKA VENKATAPPA
AGED ABOUT 60 YEARS
R/AT NO.88, VEEBUTHIPURA VILLAGE
NEAR RENUKAS YALLAMMA TEMPLE
ANTHARAGANGE MAIN ROAD
KOLAR TOWN, KOLAR-563 101.
…PETITIONER
(BY SRI. SREEDHARA G.R., ADVOCATE)
AND:
1.
MUNIVENKATAPPA G.
S/O G. MUNISWAMAPPA
AGED ABOUT 70 YEARS
R/AT DOOR NO.412,
GULPET, KOLAR TALUK
KOLAR-563 101.
…RESPONDENT
HC-KAR
THIS CRL.P. IS FILED U/S.528 OF BNSS., PRAYING TO
QUASH THE PROCEEDINGS IN C.C.NO.192/2026 INITIATED
AGAINST THE PETITIONER FOR THE OFFENCE P/U/S.138 OF
N.I. ACT, PENDING ON THE FILE OF 2ND ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC., AT KOLAR, ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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ORAL ORDER
1. Heard the learned counsel appearing for the petitioner.
2. This petition is filed to quash the proceedings in C.C.No. 192/2026 pending before the II Additional Senior Civil Judge & JMFC, Kolar for the offence punishable under Section 138 of the Negotiable Instruments Act.
3. Learned counsel for the petitioner would submit that the complaint is not maintainable for two reasons:
a. the cheque is an outdated cheque, which is reflected from the endorsement issued by the Bank.
b. there is an insertion in the bank endorsement to the effect that "insufficient funds" and same is subsequently inserted by the complainant.
HC-KAR
4. The Court is of the view that both these contentions are to be raised at the trial.
5. Hence, the petition is dismissed.
6. All contentions kept open.
7. Pending interlocutory applications, if any, shall stand disposed of.
(ANANT RAMANATH HEGDE) JUDGE
VMB List No.: 1 Sl No.: 32