Karnataka High Court
CRL.P/5847/2019 of SMT. SAVITHA YELACHAVADI GANGAHANUMAIAH Vs D. S. CHANDRASHEKAR on 7 September 2026
CNR: KAHC010233232019 NC: 2026:KHC:48413 CRL.P No. 5847 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.5847 OF 2019 BETWEEN: 1. SMT. SAVITHA YELACHAVADI GANGAHANUMAIAH, AGED ABOUT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.5847 OF 2019
BETWEEN:
1.
SMT. SAVITHA YELACHAVADI GANGAHANUMAIAH, AGED ABOUT 40 YEARS, W/O MR. B.P.GANGAHANUMAIAH, R/AT 188, RING ROAD, NAGARBHAVI 2ND STAGE, OPP. BDA COMPLEX, BANGALORE-560072.
…PETITIONER
(BY SRI. V.F. KUMBAR, ADVOCATE)
AND:
1.
D.S. CHANDRASHEKAR,
AGED ABOUT 70 YEARS,
S/O LATE D. SIDAPPA,
R/AT NO.55, GEERVANI,
WATER PIPELINE ROAD,
3RD CROSS, RAMAIAH NAGAR,
BEHIND DS COLLEGE,
BANGALORE-560111.
2.
M/S. UNIQUE TRAINING CORPORATION
INDIA PVT. LTD.,
NO.23, 1ST FLOOR, SANKEY SQUARE,
SANKEY ROAD, SADASHIVANAGAR,
BANGALORE-560080.
(REPRESENTED BY ITS MANGING DIRECTOR).
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
3.
B.P. GANGAHANUMAIAH,
MANAGING DIRECTOR AND
AUTHORIZED SIGNATORY,
M/S UNIQUE TRAINING CORPORATION
INDIA PVT. LTD.,
NO.23, 1ST FLOOR, SANKEY SQUARE,
SANKEY ROAD, SADASHIVANAGAR,
BANGALORE-560080.
…RESPONDENTS
(BY SRI. H.N.BASAVARAJU, ADVOCATE FOR R1; SRI. ADBHUTH KOUSHIK J., ADVOCATE FOR R2 AND R3)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ORDER DATED 08.01.2018
PASSED IN C.C.NO.277/2018 BY THE XXXVII ADDL.C.M.M., BENGALURU IN SO FAR AS PETITIONER/ACCUSED NO.2 IS
CONCERNED.
THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
Heard the learned counsel for the petitioner, the learned counsel for respondent No.1 and the learned counsel for respondent Nos.2 and 3.
2. The learned counsel for the petitioner/accused No.3 brought to the notice of this Court that the only allegation made against this petitioner in paragraph No.8 of the private complaint filed against the company and other accused persons
HC-KAR
is that accused No.3 was also a director of the accused company at the time of issuance of cheque in question, therefore, she is also liable to pay the cheque amount. The accused No.3 is also vicariously liable on behalf of the accused company as she was also a director of the accused company at the time of issuance of cheque in question. The learned counsel brought to the notice of this Court paragraph No.8 of the complaint, wherein specific allegation is made only against accused No.2 that he was incharge of day-to-day affairs of the accused company at the time of issuance of cheque in question and he is the signatory to the cheque in question. Hence, pressed into service Section 141 of the Negotiable Instruments Act against accused No.2, but not against accused No.3. Nowhere in the complaint a statement is made that accused No.3 was also in charge of the affairs of the company. She was only a director and not a signatory to the cheque in question and also no averment is made in the complaint that this petitioner was in charge of the affairs of the company. When such being the case, the question of invoking 138 proceedings against this petitioner does not arise and the petitioner has
HC-KAR
made out a ground to quash the proceedings or otherwise it amounts to abuse of process.
3. The petition is allowed by quashing the criminal proceedings against the petitioner/accused No.3.
Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 44