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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. Nagaprasanna, J
ND Developers Private Ltd. – Appellant
Versus
Ritesh Raushan S/o Purna Chandra Varma – Respondent
| Table of Content |
|---|
| 1. background and relevant facts of the case. (Para 1 , 2) |
| 2. arguments regarding legality of the cheque issuance. (Para 4 , 5) |
| 3. identification of the primary legal issue regarding the dishonor of cheque. (Para 6 , 7) |
| 4. analysis of judicial precedent regarding the implications of account freezing. (Para 8 , 9 , 10 , 11) |
| 5. concluding observations on quashing proceedings. (Para 12) |
| 6. final order of the court. (Para 13) |
CAV ORDER
M. NAGAPRASANNA, J.
The petitioners are before this Court calling in question proceedings in C.C.No.1446 of 2025 pending before the XIII Additional Chief Judicial Magistrate, Bengaluru arising out of PCR 11453 of 2024 filed by the complainant alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘the Act’ for short).
2. Facts adumbrated are as follows: -
2.1. The petitioners are accused 1 to 6 and respondent is the complainant. The 1st petitioner is a Private Limited Company incorporated under the provisions of the Companies Act, 1956. The 2nd petitioner is the Managing Director of the 1st petitioner/Company and others are Directors of the Company. The complainant and his wife purchase flat bearing No.G-02, Block E
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