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2025 Supreme(Online)(KAR) 647

HIGH COURT OF KARNATAKA
SHIVASHANKAR AMARANNAVAR, J
PERFECT LASERCUT AND FAB INDIA PVT. LTD – Appellant
Versus
VIMALA INDERCHAND JAIN – Respondent


Petitioner Advocates:VENKATESH M KHARVI ,Respondent Advocate:

ORAL ORDER

This petition is filed by accused Nos.1 to 4 praying to quash the order of cognizance dated 23.12.2022 passed by the learned Principal Civil Judge and JMFC, Hubballi, in C.C. No.8591/2022 for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘NI Act’, for short) and issuance of process against the petitioners/accused Nos.1 to 4.

2. The respondent initiated proceedings against the petitioners for an offence under Section 138 of NI Act. On the complaint filed by the respondent, the learned Magistrate has taken cognizance against the petitioners by order dated 23.12.2022 for an offence under Section 138 of NI Act and registered C.C. No.8591/2022 for the said offence. The said order of cognizance and registration of criminal case has been challenged by the petitioners/accused Nos.1 to 4 in this petition.

3. Heard the learned counsel for the petitioners and the learned counsel for the respondent.

4. Learned counsel for the petitioners would contend that the cheque dated 08.08.2022 said to have been issued by the petitioners to the respondent for a sum of Rs.33,60,000/- has been presented for encashment and it cam

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