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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 7813 OF 2025 C/W CRIMINAL PETITION NO. 7681 OF 2025 CRIMINAL PETITION NO. 7733 OF 2025 CRIMINAL PETITION NO. 7740 OF 2025 CRIMINAL PETITION NO. 7776 OF 2025 CRIMINAL PETITION NO. 7788 OF 2025 CRIMINAL PETITION NO. 7798 OF 2025 CRIMINAL PETITION NO. 7834 OF 2025 CRIMINAL PETITION NO. 7847 OF 2025 IN CRL.P No. 7813/2025 BETWEEN:
Digitally signed H.N. MANJUNATH by CHAITHRA A Location: HIGH S/O LATE H V NAGARAJU, COURT OF KARNATAKA AGED 51 YEARS, R/AT NO. 2438 NEAR WATER TANK, BOGADI VILLAGE, MYSORE 570026.
PROPRIETOR OF M/S DURGA SAWMILL AND WOOD PRODUCTS, NO 361, HEBBALU INDUSTRIAL AREA, MYSORE 570016.
…PETITIONER (BY SRI. VINITHA P.C, ADVOCATE)
AND:
NITHIN DEVOOR S/O DEVOOR B B, AGED ABOUT 35 YEARS, R/AT HIG-4, KHB COLONY, 2ND STAGE, KUVEMPUNAGAR, MYSORE 570023.
…RESPONDENT (BY SRI. HARIPRASA M.B, ADVCOCATE)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2319/2025 REGISTERED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MYSURU FOR THE OFFENCE P/US/ 138 OF NI ACT ON THE BASIS OF A PRIVATE COMPLIANT IN PCR NO.19/2025 AND ALL ITS FURTHER PROCEEDINGS.
IN CRL.P NO. 7681/2025 BETWEEN:
H N MANJUNATH S/O LATE H V NAGARAJU, AGED 51 YEARS, (AS PER AADHAR) R/AT NO 2438, NEAR WATER TANK, BOGADI VILLAGE, MYSORE 570026, PROPRIETOR OF M/S DURGA SAWMILL AND WOOD PRODUCTS NO 361, HEBBALU INDUSTRIAL AREA MYSORE - 570 016.
...PETITIONER (BY SMT. VINITHA P.C, ADVOCATE)
AND:
NITHIN DEVOOR S/O DEVOOR B B, AGED ABOUT 35 YEARS, R/AT HIG-4, KHB COLONY, 2ND STAGE, KUVEMPUNAGAR, MYSORE 570023.
...RESPONDENT (BY SRI. HARIPRASAD M.B, ADVOCATE)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2322/2025 REGISTERED BY THE PRL.CIVIL JUDGE AND J.M.F.C MYSORE FOR THE OFFENCE P/U/S 138 OF N.I ACT ON THE BASIS OF A PRIVATE COMPLAINT IN PCR NO.22/2025 AND ALL ITS FURTHER PROCEEDINGS.
IN CRL.P NO. 7733/2025 BETWEEN:
H. N. MANJUNATH S/O LATE H V NAGARAJU AGED 51 YEARS, R/AT NO. 2438, NEAR WATER TANK BOGADI VILLAGE, MYSORE - 570 026 PROPRIETOR OF M/S DURGA SAWMILL AND WOOD PRODUCTS, NO.361 HEBBALU INDUSTRIAL AREA, MYSORE 570016 ...PETITIONER (BY SMT. VINITHA P.C, ADVOCATE)
AND:
NITHIN DEVOOR S/O DEVOOR B B, AGED ABOUT 35 YEARS, R/AT HIG-4 KHB COLONY, 2ND STAGE, KUVEMPUNAGAR, MYSORE -570023 ...RESPONDENT (BY SRI. HARIPRASAD M.B, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2320/2025 REGISTERED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MYSORE FOR THE O/P/U/S 138 OF N.I. ACT ON THE BASIS OF A PRIVATE COMPLAINT IN PCR NO.20/2025 AND ALL ITS FURTHER PROCEEDINGS.
IN CRL.P NO. 7740/2025 BETWEEN:
H. N. MANJUNATH S/O LATE H V NAGARAJU AGED 51 YEARS R/AT NO. 2438 NEAR WATER TANK, BOGADI VILLAGE MYSORE - 570026 PROPRIETOR OF M/S DURGA SAWMILL AND WOOD PRODUCTS NO.361, HEBBALU INDUSTRIAL AREA MYSORE - 570016 ...PETITIONER (BY SMT. VINITHA P.C, ADVOCATE)
AND:
NITHIN DEVOOR S/O DEVOOR B B AGED ABOUT 35 YEARS R/AT HIG-4 KHB COLONY, 2ND STAGE, KUVEMPUNAGAR MYSORE - 570023 ...RESPONDENT (BY SRI. HARIPRASAD M.B, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S
528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2323/2025 REGISTERED BY THE PRL.CIVIL JUDGE AND J.M.F.C MYSORE FOR THE OFFENCE P/U/S 138 OF N.I ACT ON THE BASIS OF A PRIVATE COMPLAINT IN PCR NO.23/2025 AND ALL ITS FURTHER PROCEEDINGS.
IN CRL.P NO. 7776/2025 BETWEEN:
H N MANJUNATH S/O LATE H V NAGARAJU, AGED 51 YEARS, R/AT NO 2438, NEAR WATER TANK BOGADI VILLAGE, MYSORE 570026 PROPRIETOR OF M/S DURGA SAWMILL AND WOOD PRODUCTS, NO 361, HEBBALU INDUSTRIAL AREA, MYSORE - 570 016.
...PETITIONER (BY SMT. VINITHA P.C, ADVOCATE)
AND:
NITHIN DEVOOR S/O DEVOOR B B, AGED ABOUT 35 YEARS, R/AT HIG-4, KHB COLONY 2ND STAGE, 2ND STAGE, KUVEMPUNAGAR, MYSORE 570023 ...RESPONDENT (BY SRI. HARIPRASAD M.B, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2316/2025 REGISTERED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MYSORE FOR THE OFFENCES P/U/S 138 OF N.I. ACT ON THE BASIS OF A PRIVATE COMPLAINT IN PCR NO.16/2025 AND ALL ITS FURTHER PROCEEDINGS.
IN CRL.P NO. 7788/2025 BETWEEN:
H. N. MANJUNATH S/O LATE H V NAGARAJU, AGED ABOUT 51 YEARS, R/AT NO.2438, NEAR WATER TANK, BOGADI VILLAGE, MYSORE - 570 026 PROPRIETOR OF M/S DURGA SAWMILL AND WOOD PRODUCTS, NO.361, HEBBALU INDUSTRIAL AREA, MYSORE - 570 016.
...PETITIONER (BY SMT. VINITHA P.C, ADVOCATE)
AND:
NITHIN DEVOOR S/O DEVOOR B B , AGED ABOUT 35 YEARS, R/AT HIG-4, KHB COLONY, 2ND STAGE, KUVEMPUNAGAR, MYSORE-570023 ...RESPONDENT (BY SRI. HARIPRASAD M.B, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.2321/2025 REGISTERED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MYSORE, FOR THE OFFENCE P/U/S 138 OF N.I ACT ON THE BASIS OF A PRIVATE COMPLAINT IN PCR.NO.21/2025 AND ALL ITS FURTHER PROCEEDINGS.
IN CRL.P NO. 7798/2025 BETWEEN:
H N MANJUNATH S/O LATE H V NAGARAJU, AGED 51 YEARS, R/AT NO 2438 NEAR WATER TANK BOGADI VILLAGE, MYSORE - 570 026 PROPRIETOR OF M/S DURGA SAWMILL AND WOOD PRODUCTS, NO 361, HEBBALU INDUSTRIAL AREA, MYSORE 570016 ...PETITIONER (BY SMT. VINITHA P.C, ADVOCATE)
AND:
NITHIN DEVOOR S/O DEVOOR B B, AGED ABOUT 35 YEARS, R/AT HIG 4, KHB COLONY, 2ND STAGE, KUVEMPUNAGAR, MYSORE - 570 023 ...RESPONDENT (BY SRI. HARIPRASAD M.B, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.2318/2025 REGISTERED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MYSORE, FOR THE OFFENCE P/U/S 138 OF N.I ACT ON THE BASIS OF A PRIVATE COMPLAINT IN PCR.NO.18/2025 AND ALL ITS FURTHER PROCEEDINGS.
IN CRL.P NO. 7834/2025 BETWEEN:
H. N. MANJUNATH S/O LATE H V NAGARAJU, AGED 51 YEARS, R/AT NO. 2438, NEAR WATER TANK, BOGADI VILLAGE, MYSORE - 570026.
PROPRIETOR OF M/S DURGA SAWMILL AND WOOD PRODUCTS, NO. 361, HEBBALU INDUSTRIAL AREA, MYSORE - 570016.
...PETITIONER (BY SMT. VINITHA P.C, ADVOCATE)
AND:
NITHIN DEVOOR S/O DEVOOR B B AGED ABOUT 35 YEARS, R/AT HIG 4, KHB COLONY, 2ND STAGE, KUVEMPUNAGAR, MYSORE - 570023.
...RESPONDENT (BY SRI. HARIPRASAD M.B, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2324/2025 REGISTERED BY THE PRL.CIVIL JUDGE AND J.M.F.C MYSORE FOR THE OFFENCE P/U/S 138 OF N.I ACT ON THE BASIS OF A PRIVATE COMPLAINT IN PCR NO.24/2025 AND ALL ITS FURTHER PROCEEDINGS.
IN CRL.P NO. 7847/2025 BETWEEN:
H. N. MANJUNATH S/O LATE HV NAGARAJU AGED 51 YEARS, R/AT NO.2438, NEAR WATER TANK BOGADI VILLAGE, MYSORE- 570026 PROPRIETOR OF M/S DURGA SAWMILL AND WOOD PRODUICTS, NO.361 HEBBALU INDUSTRIAL AREA, MYSORE -570016 ...PETITIONER (BY SMT. VINITHA P.C, ADVOCATE)
AND:
NITHIN DEVOOR S/O DEVOOR B B AGED ABOUT 35 YEARS R/AT HIG-4, KHB COLONY
2ND STAGE, KUVEMPUNAGAR, MYSORE- 570023 ...RESPONDENT (BY SRI. HARIPRASAD M.B, ADVOCATE)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S
528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.2317/2025 REGISTERED BY THE PRL.CIVIL JUDGE AND JMFC, MYSORE FOR THE OFFENCES P/U/S. 138 OF N.I. ACT ON THE BASIS OF A PRIVATE COMPLAINT IN PCR NO.17/2025 AND ALL ITS FURTHER PROCEEDINGS.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
These petitions are between the same parties and since common issue is involved in all these cases, all are taken up together for final disposal.
2. The facts leading to the case are as follows:-
The respondent/complainant has instituted in all nine private complaints against the petitioner/accused for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881, read with Section 223 of the BNSS. The substance of the allegation in all these complaints is that the complainant had initially entered into a partnership deed with the accused and, subsequently, an agreement was executed on 06.01.2021. Under this agreement, the complainant claims to have invested a sum of Rs.35,00,000/- and, in addition thereto, a further sum of Rs.28,00,000/-. It is the complainant’s case that, in all, he advanced a financial assistance of Rs.50,00,000/- to the accused at different intervals, which liability the accused is said to have acknowledged.
3. The complainant further asserts that, despite repeated demands, the accused failed to repay the amounts advanced and, in discharge of the said liability, issued nine cheques, drawn on the Union Bank of India, Bogadhi Branch, Mysore and Canara Bank, Hinkal Branch, Mysore. On presentation, however, each of these cheques came to be dishonoured with the endorsement “insufficient funds”. Consequently, the complainant was constrained to issue separate statutory notices in respect of each cheque. Despite service of such notices, the petitioner/accused failed to comply, but instead issued a reply notice disputing the liability. Thereafter, the complainant instituted the present nine complaints under Sections 138 and 142 of the NI Act read with Section 223 of the BNSS.
4. The learned Magistrate, on recording the sworn statement of the complainant, took cognizance of the offences and issued summons to the petitioner/accused.
5. Upon receipt of summons, the petitioner/accused has preferred the present nine petitions seeking quashing of the proceedings. The grounds urged in all these petitions are common.
6. Learned counsel appearing for the petitioner/accused has vehemently contended that the provisions of Section 138 of the NI Act are not attracted in the present case, as the alleged liability arises out of an enforcement of a contractual arrangement and not a legally enforceable debt or liability. She further submits that the alleged payments advanced by the complainant were made in cash, and hence the underlying transactions are not legal, thereby excluding the applicability of Section 138 of the NI Act.
7. Counsel has further contended, with emphasis, that the details of the cheques in question are as follows:
C.C. No. 2316/2025 (PCR No. 16/2025): Cheque No. 012253 dated 31.10.2024 for Rs. 6 lakhs (Union Bank of India, Bogadhi Branch).
C.C. No. 2317/2025 (PCR No. 17/2025): Cheque No. 012258 dated 04.11.2024 for Rs. 5 lakhs (Union Bank of India, Bogadhi Branch).
C.C. No. 2318/2025 (PCR No. 18/2025): Cheque No. 992885 dated 24.10.2024 for Rs. 7 lakhs (Canara Bank, Hinkal Branch).
C.C. No. 2319/2025 (PCR No. 19/2025): Cheque No. 992886 dated 24.10.2024 for Rs. 7 lakhs (Canara Bank, Hinkal Branch).
C.C. No. 2320/2025 (PCR No. 20/2025): Cheque No. 012254 dated 04.11.2024 for Rs. 8 lakhs (Union Bank of India, Bogadhi Branch).
C.C. No. 2321/2025 (PCR No. 21/2025): Cheque No. 037071 dated 28.10.2024 for Rs. 4 lakhs (Union Bank of India, Bogadhi Branch).
C.C. No. 2322/2025 (PCR No. 22/2025): Cheque No. 037069 dated 31.10.2024 for Rs. 4 lakhs (Union Bank of India, Bogadhi Branch).
C.C. No. 2323/2025 (PCR No. 23/2025): Cheque No. 012257 dated 28.10.2024 for Rs. 8 lakhs (Union Bank of India, Bogadhi Branch).
C.C. No. 2324/2025 (PCR No. 24/2025): Cheque No. 037070 dated 28.10.2024 for Rs. 4 lakhs (Union Bank of India, Bogadhi Branch).
8. Learned counsel for the petitioners would also submit that the alleged investment or loan said to have been advanced by the complainant does not correspond
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