Karnataka High Court
CRL.P/5918/2019 of NIRMALA JAIN Vs NIKHIL MERCHANTILE PVT LTD on 8 September 2026
CNR: KAHC010425532019 NC: 2026:KHC:48585 CRL.P No.5918/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.5918/2019 BETWEEN: 1. NIRMALA JAIN W/O SHRI. ARUN KUMAR JAIN AGED ABOUT 58 YEARS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.5918/2019
BETWEEN:
1.
NIRMALA JAIN
W/O SHRI. ARUN KUMAR JAIN
AGED ABOUT 58 YEARS
DHANASHREE VILLA
R/AT NO. E-4/108, ARERA COLONY
OPP: BAGHIRA APARTMENTS
BHOPAL 462016
EX-DIRECTOR.
…PETITIONER
(BY SRI. PRASHANT POPAT, ADV.,)
AND:
1.
NIKHIL MERCANTILE PVT LTD
HAVING ITS REGISTERED OFFICE AT
C-904, PALM COURT COMPLEX
LINK ROAD, BEHIND-D-MART
MALAD (WEST), MUMBAI-462016.
ALSO HAVING OFFICE AT KALTHUR
JOMLUTHEERTHA ROAD
SANTHEKATTE POST
UDUPI TALUK AND DISTRICT
REP. BY ITS DIRECTOR
MR. SANDEEP RAI.
…RESPONDENT
(RESPONDENT SD - UNREPRESENTED)
Digitally signed
by RUPA V
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH PROCEEDINGS IN C.C.NO.1986/2018 ON THE FILE OF
THE ADDITIONAL CIVIL JUDGE AND JMFC AT KUNDAPUR IN SO
FAR AS THE PETITIONERS IS CONCERNED.
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
Heard the learned counsel for the petitioner.
2. This Court has issued notice to the respondent. The respondent has been served and unrepresented.
3. The main contention of the learned counsel appearing for the petitioner is that the petitioner was not in the company as on the date of issuance of the cheque. In support of the case, the petitioner has produced the Annexure-D, Form No.DIR-12, which discloses that the petitioner was not associated with the company with effect from 21.09.2017.
HC-KAR
4. A similar issue was taken note of by the Co-ordinate Bench of this Court in Criminal Petition No.5919/2019, wherein this Court came to the conclusion that the very allegation made against the petitioner therein was hit by Section 141 of the Negotiable Instruments Act, 1881, and as such, the cognizance taken by the Learned Magistrate was vitiated.
5. A similar question has already been considered by this Court, wherein the petition was allowed and the proceedings initiated against the petitioner were quashed. In the case on hand also, the very contention of the learned counsel for the petitioner is that, Annexure-D shows that the petitioner was not associated with the company since 2017. Therefore, as the petitioner was no longer associated with the company, the question of any liability does not arise, and the proceedings initiated against the petitioner are also vitiated. In view of the discussions made above, I pass the following:
HC-KAR
ORDER
i. The Criminal petition is allowed. ii. The proceedings in CC.No.1986/2018 pending on file of the Additional Civil Judge and JMFC, Kundapura insofar as the petitioner, who is accused No.4 is hereby quashed.
Sd/- (H.P.SANDESH) JUDGE
ABK List No.: 1 Sl No.: 21