Karnataka High Court
CRL.P/11564/2025 of MR B RAGHAVENDRA REDDY Vs MR M P SREENATH GUPTA (HUF) on 28 July 2026
CNR: KAHC010525452025 NC: 2026:KHC:39031 CRL.P No. 11564 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 11564 OF 2025 BETWEEN: MR. B. RAGHAVENDRA REDDY, S/O DR. B. SUNDANAMI REDDY,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 11564 OF 2025
BETWEEN:
MR. B. RAGHAVENDRA REDDY,
S/O DR. B. SUNDANAMI REDDY,
AGED ABOUT 56 YEARS,
AT PRESENT, PERMANENTALY
R/AT BSR JENUS, NO.28,
2ND FLOOR, TANK BUND ROAD,
NUNGAMBAKKAM,
CHENNAI - 600034.
…PETITIONER
(BY SRI. H. SURESH, ADVOCATE)
AND:
MR. M.P. SREENATH GUPTA (HUF),
NO. 49/2, NEELADRI SHANKAR MUTT ROAD,
SHANKARAPURAM, BENGALURU-560004.
REP. BY ITS KARTHA,
SRI. M.P. SREENATH GUPTA,
S/O LATE M. NANJUNDESWARA GUPTA,
AGED ABOUT 49 YEARS,
NO. 49/2, NEELADRI SHANKAR MUTT ROAD,
SHANKARAPURAM,
BENGALURU -560004.
…RESPONDENT
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528
BNSS) TO SET ASIDE THE ORDER DATED 07.03.2019
(ANNEXURE-A) PASSED BY THE LEARNED XIV ADDL. CJM,
Digitally
signed by
PADMAVATHI
B K
Location:
High Court of
Karnataka
HC-KAR
BENGALURU AND CONSEQUENTLY QUASH THE COMPLAINT IN
CC NO.5705/2019 FILED U/S 138 AND 141 OF THE N.I ACT, 1882 AGAINST THE PETITIONER HEREIN AND GRANT COSTS
OF THESE PROCEEDINGS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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ORAL ORDER
The petitioner-accused No.3, is before this Court calling in question the proceedings in C.C.No.5705/2019, registered for offences punishable under Sections 138 and 141 of the Negotiable Instruments Act [hereinafter referred to as the 'Act' for short].
2. Heard Sri.H.Suresh, learned counsel appearing for the petitioner and have perused the material on record.
3. Facts in brief, germane, are as follows:
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3.1. On 05.01.2017, one Sri.G. Praveen Kumar Reddy and the petitioner enter into a Deed of Dissolution of Partnership. The cheques that have become the instruments of dispute before the concerned Court are said to have been issued on 04.12.2018. Those cheques are dishonored. Therefore, the petitioner is before the concerned Court in C.C.No.5705/2019 for offences punishable as afore-quoted.
3.2. The petitioner is before the Court on the score that he is drawn as accused No.3 and has nothing to do with the partnership firm, as the Deed of Dissolution of Partnership was executed on 05.01.2017 and the cheques were issued at a later point in time.
4. Learned counsel for the petitioner submits that the petitioner, being a partner in the firm, is not responsible for the activities of the other partners, as the petitioner being the partner was not actively engaged in the day-to-day activities. Be those submissions are as they are, the issue is of the year 2017. The concerned Court has taken cognizance of the offences and the proceedings are on and would submit that it is
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at its fag end. For a complaint that was registered in the year 2019 and the petitioner being drawn into the said proceedings as accused No.3, the petitioner prefers the present petition only on 04.08.2025, seeking to set aside the order of taking of cognizance dated 07.03.2019. Six years have passed by and the petitioner has now knocked the doors of this Court seeking quashment of the proceedings.
5. In the light of the said circumstances, I deem it appropriate not to entertain the subject petition while directing the concerned Court to consider the plea of the present petitioner as well and the law with regard to the liability of a partner who has ceased to be a partner prior to the issuance of the cheques. The concerned Court shall endeavor to answer the contentions advanced by the present petitioner in the subject petition, if they are urged before the concerned Court at the relevant point in time.
6. In the light of the proceedings being of the year 2019 and the offence being under Section 138 of the Negotiable Instruments Act, I deem it appropriate to infuse
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finality into the proceedings. The concerned Court shall endeavor to conclude the proceedings within three months from the date of receipt of the copy of the order, if not earlier.
Ordered accordingly and petition is disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
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