Karnataka High Court
CRL.P/11493/2026 of SRI V SANJAY BABU Vs SMT SANANDA GHOSH on 23 September 2026
CNR: KAHC010524052026 NC: 2026:KHC:52439 CRL.P No. 11493 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 11493 OF 2026 BETWEEN: SRI V.SANJAY BABU S/O K.VENKATAIAH AGED
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 11493 OF 2026
BETWEEN:
SRI V.SANJAY BABU
S/O K.VENKATAIAH
AGED ABOUT 50 YEARS,
R/AT NO. 75, DODDA BEEDI
BEHIND MUNICIPAL OFFICE
ALUR TOWN, ALUR TALUK
HASSAN DISTRICT – 573 213.
…PETITIONER
(BY SRI RUDRESH H.B., ADVOCATE)
AND:
SMT.SANANDA GHOSH
W/O LATE RANJEET GHOSH
AGED ABOUT 56 YEARS,
RESIDING AT APARTMENT NO.5C
BLOCK-B- BINNY CRESCENT APARTMENT
BENSON CROSS, BENSON TOWN
BENGALURU – 560 016.
…RESPONDENT
THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS)
CR.P.C PRAYING TO SET ASIDE THE IMPUGNED NON- SPEAKING
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ORDER
DATED 09.04.2026 PASSED IN
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C.C.NO.54250/2024 AND DIRECT THE LEARNED TRIAL COURT TO DECIDE THE APPLICATION FOR DISMISSAL OF THE COMPLAINT ON THE GROUNDS OF MAINTAINABLITY ON MERITS BEFORE PROCEEDINGS FURTHER WITH THE TRIAL PENDING BEFORE THE XIV ADDL. CJM AT BENGLAURU FOR OFFENCES P/U/S 138 OF NI ACT; B. QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.54250/2024 PENDING ON THE FILE OF THE XIV ADDL. CJM AT BENGALURU FOR THE OFFENCES P/S/U 138 OF NI ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard the learned counsel for the petitioner.
2. This petition is filed challenging the proceedings in C.C.No.54250/2024, pending before the XIV Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, initiated for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the N.I. Act’).
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3. Cognizance is taken by the Trial Court after the sworn statement of the complainant and certain documents produced by him.
4. Learned counsel for the petitioner urged following two grounds:
a. An agreement between the parties contains an arbitration clause as such, proceeding under Section 138 of the N.I.Act is not maintainable.
b. The agreement contains a clause which provides that no other law can be pressed into service to resolve the dispute.
5. The Court is of the view that the above mentioned contentions are not legally tenable. Merely because there is an arbitration clause in the agreement between the parties, one cannot contend that proceedings under Section 138 of the N.I.Act is not maintainable in the event of dishonour of cheque.
6. If there is any clause in the agreement which bars the application of the provisions of Negotiable Instruments Act,
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1888 such clause is unenforceable. This Court does not find any such clause in the agreement.
7. Under the circumstances, this Court does not find any merit in the petition. The petition stands dismissed.
8. Pending I.A.No.2/2026 stands disposed, as a consequence.
(ANANT RAMANATH HEGDE) JUDGE
NVJ List No.: 1 Sl No.: 34 …