Karnataka High Court
CRL.P/17515/2025 of SRI CHETHAN KUMAR B G Vs SRI SIDDALINGAIAH.G on 30 December 2025
NC: 2025:KHC:54836 CRL.P No. 17515 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 17515 OF 2025 BETWEEN: SRI CHETHAN KUMAR B G S/O GANGAIAH, AGED ABOUT 33 YEARS, R/AT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 17515 OF 2025
BETWEEN:
SRI CHETHAN KUMAR B G
S/O GANGAIAH,
AGED ABOUT 33 YEARS,
R/AT BASAVESHWARA BADAVANE,
ANDRAHALLI,
TOPALAMMA TEMPLE,
2ND CROSS, ANDRAHALLI,
BENGALURU-560091
ALSO R/AT BOREGOWDANAPALYA VILLAGE,
HUTRIDURGA HOBLI, KUNIGAL TALUK,
TUMKUR DISTRICT-572130
…PETITIONER
(BY SRI. SATHISHA D J., ADVOCATE)
AND:
SRI SIDDALINGAIAH.G
S/O GANGANNA,
AGED ABOUT 47 YEARS,
R/AT NO. 825,
2ND BLOCK,
BHARATHNAGAR,
BENGALURU - 560 091
…RESPONDENT
Digitally
signed by C
HONNUR
SAB
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS)
BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS
PETITION AND QUASH THE IMPUGNED PROCEEDINGS IN
C.C.NO.23413/2024 (PCR NO.5372/2024) AT ANNEXURE-D
FOR THE OFFENCE P/U/S 138 OF N.I ACT PENDING ON THE
FILE OF XXIII A.C.J.M AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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ORAL ORDER
Heard the learned counsel appearing for the petitioner.
2. The petition is filed to quash the proceedings in C.C.No.23413 of 2024 on the file of XXIII Additional Chief Judicial Magistrate, Bengaluru. The aforementioned proceeding is initiated for the alleged offence under Section 138 of the Negotiable Instruments Act, 1881 (Act, 1881) against the petitioner.
HC-KAR
3. Learned counsel for the petitioner would submit that the blank signed cheque belonging to the petitioner was kept in a vehicle, which the petitioner has lent to his friend/respondent in this petition and the same has been misused. As such, he would contend that the Trial Court could not have taken cognizance of the offence under Section 138 of the Act, 1881.
4. The contentions raised in the petition cannot be adjudicated in a proceeding under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023. The contentions raised have to be thrashed out in a trial. Accordingly, the petition is dismissed.
All contentions are kept open.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
DH List No.: 1 Sl No.: 96