Karnataka High Court
CRL.P/5579/2020 of A KAY CONSTRUCTIONS Vs SRI MALLIKARJUNAIHA on 25 September 2026
CNR: KAHC010135942020 NC: 2026:KHC:53426 CRL.P No. 5579 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.5579 OF 2020 BETWEEN: 1. A KAY CONSTRUCTIONS, ENGINEERS AND PWD CLASS-1
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.5579 OF 2020
BETWEEN:
1.
A KAY CONSTRUCTIONS,
ENGINEERS AND PWD CLASS-1 CONTRACTORS,
55, 56, 2ND FLOOR, EUREKA JUNCTION,
T.B ROAD, HUBLI, DHARWAD DISTRICT-580029, REPRESENTED BY ITS ACTIVE PARTNER, ASHRAF KHAN PATHAN.
2.
ASHRAF KHAN PATAN,
AGED ABOUT 49 YEARS,
ENGINEERS PWD, H55, 56,
2ND FLOOR, EURKA JUNCTION,
T.B ROAD, HUBLI,
DHARWAD DISTRICT-580029.
…PETITIONERS
(BY SRI. RAHAMATHULLA KOTHWAL, ADVOCATE)
AND:
1.
SRI. MALLIKARJUNAIAH,
S/O CHANNABASAPPA,
AGED ABOUT 50 YEARS,
OCCUPATION: CONTRACTOR,
RESIDING AT NO.819, 6TH CROSS,
5TH MAIN, MRCR LAYOUT,
NEAR VIJAYANAGAR,
BENGALURU-560040.
…RESPONDENT
(BY SRI. PRAKASH M. PATIL, ADVOCATE)
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS
INCLUDING THE COMPLAINT PENDING ON THE FILE OF THE
XIII A.C.M.M., COURT AT BENGALURU, IN C.C.NO.10242/2014
(P.C.R.NO.17098/2013) FILED BY THE RESPONDENT UNDER
SECTION 200 OF THE CODE OF CRIMINAL PROCEDURE FOR
THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE
NEGOTIABLE INSTUMENTS ACT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
This petition is filed praying this Court to quash the entire proceedings in C.C.No.10242/2014, taking cognizance for the offence under Section 138 of the Negotiable Instruments Act (‘NI Act’ for short).
2. Having perused the order sheet of the Trial Court, when the complaint was filed under Section 200 of Cr.P.C. for the offence punishable under Section 138 of the NI Act, the Trial Court perused the complaint, the complainant’s sworn statement and also the original documents filed by the complainant and passed a detailed order that all these materials disclose that there are
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sufficient grounds to proceed against the accused for the offence punishable under Section 138 of NI Act and hence, issued the summons to the accused through RPAD. The accused approached this Court, but this Court has not granted any stay. This petition is pending from 2020 and almost six years have elapsed and the learned counsel for the petitioners makes the submission that he has given NOC one year back. But the petitioners have not engaged any counsel to represent on their behalf till date.
3. The learned counsel for the respondent would submit that by representing that this petition is filed before this Court and even though no stay is granted, the petitioner is not appearing before the Court below inspite of NBW was issued and he is not co-operating.
4. When such being the case, having perused the order of the Trial Court also, the learned Magistrate has applied his judicious mind and taken the cognizance and issued the summons. There is nothing to decide
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before this Court when the order is passed by the Trial Court in a judicious manner and hence, the petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 26