Murugesan S/O Palaniswami vs Rajkumar S/O Ramchandrasa Katwa on 31 January, 2026

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Karnataka High Court

Murugesan S/O Palaniswami vs Rajkumar S/O Ramchandrasa Katwa on 31 January, 2026

Bench: V.Srishananda

                                                    -1-
                                                                 NC: 2026:KHC-D:1326
                                                            CRL.P No. 101882 of 2025


                      HC-KAR



                       IN THE HIGH COURT OF KARNATAKA AT DHARWAD

                          DATED THIS THE 31ST DAY OF JANUARY, 2026

                                             BEFORE

                          THE HON'BLE MR. JUSTICE V.SRISHANANDA

                             CRIMINAL PETITION NO. 101882 OF 2025
                                    (482(CR.PC)/528(BNSS))
                      BETWEEN:

                      MURUGESAN S/O PALANISWAMI
                      AGE ABOUT 58 YEARS, OCC. BUSINESS,
                      R/O. SHARAVANABHAVAN HOTEL MAHADEPURAM,
                      PARAMATHY ROAD, TRUCHINGOUDE,
                      DIST. NAMAKKAL, TAMIL NADU,
                      CORRECT ADDRESS #07,
                      DHANOJIPALYA, KASABA HOBLI,
                      NELAMANGALA, DIST. BENGALURU 562132.
                                                                          ...PETITIONER
                      (BY SRI. VITTHAL S. TELI, ADVOCATE)

                      AND:

                      RAJKUMAR S/O RAMCHANDRASA KATWA
                      AGE. 55 YEARS, OCC. BUSINESS,
CHANDRASHEKAR
LAXMAN
                      R/O. WARD NO.2, NEAR BASAWESHWAR CIRCLE,
KATTIMANI
                      ILKAL, TQ. ILKAL, DIST. BAGALKOT-587125.
                                                                         ...RESPONDENT
                      (BY SMT. KIRTILATA R. PATIL, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN
                             THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, 2023
KATTIMANI
Date: 2026.02.03
15:09:45 +0530
                      SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO.1630/2022 FOR
                      THE OFFENCES PUNISHABLE UNDER SECTION 138 OF THE NI ACT
                      PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC HUNGUND,
                      IN THE INTEREST OF JUSTICE.


                             THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
                      ORDER WAS MADE THEREIN AS UNDER:
                                   -2-
                                               NC: 2026:KHC-D:1326
                                         CRL.P No. 101882 of 2025


 HC-KAR



                             ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri Vitthal S.Teli, learned counsel for petitioner and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent.

2. Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita 2023 with the following prayer:

"To quash the proceedings in C.C.No.1630/2022 for the offences punishable under Section 138 of the NI Act pending on the file of Addl. Civil Judge and JMFC, Hungund, in the interest of justice."

3. Contention of the accused-petitioner is that there is no return of the demand notice and therefore, no offence has been committed at the most it can be a defence to be urged in the trial.

4. In view of the principles of law enunciated by the Hon'ble Apex Court in the case of Indian Bank Association and others v. Union of India and others reported in (2014) 5 SCC 590, reserving the liberty for the petitioner to urge all available defences in the trial, following order is passed. -3-

NC: 2026:KHC-D:1326 CRL.P No. 101882 of 2025 HC-KAR ORDER Criminal Petition is dismissed.

Sd/-

(V.SRISHANANDA) JUDGE CLK Ct-cmu LIST NO.: 5 SL NO.: 20

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