Reserved on : 11.02.2026 Pronounced on : 13.03.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.804 OF 2026 BETWEEN:

1 . SRI VIMAL JAIN KATARIA S/O SRI MANOHAR LAL JAIN, AGED ABOUT 47 YEARS, R/AT NO.647, FLAT NO.504, LOPULENCE, 16^TH CROSS, 19^TH MAIN, IDEAL HOMES, IDEAL HOMES CO-OPERATIVE SOCIETY LAYOUT, RAJARAJESHWARINAGAR, BENGALURU – 560 098 PARTNER AT M/S VAISHNODEVI FAIRRMONT ESTATE LLP

2 . SMT. VIMAL KUMAR MADHU JAIN W/O SRI VIMAL JAIN KATARIA, AGED ABOUT 40 YEARS, R/AT NO.647, FLAT NO.504, LOPULENCE, 16^TH CROSS, 19^TH MAIN, IDEAL HOMES, IDEAL HOMES CO-OPERATIVE SOCIETY LAYOUT, RAJARAJESHWARINAGAR, BENGALURU – 560 098 PARTNER AT M/S VAISHNODEVI FAIRRMONT ESTATE LLP.

3 . M/S.VAISHNODEVI FAIRRMONT ESTATE LLP, A REGISTERED LIMITED LIABILITY PARTNERSHIP FIRM, NO.99/C, 3^RD FLOOR, IDEAL HOMES TOWNSHIP, VAISHNODEVI TRINITY, 12^TH CROSS, KENCHENAHALLI, KENGERI, BENGALURU – 560 098 REPRESENTED BY ITS PARTNER SRI VIMAL JAIN KATARIA.

... PETITIONERS (BY SRI D.R.RAVISHANKAR, SR.ADVOCATE A/W SRI H.V.SHYAME GOWDA, ADVOCATE)

AND:

SMT. R. G. MANJULA W/O LATE SRI.V.SIDDAPPA, AGED ABOUT 66 YEARS, R/AT NO. 1095, 35^TH D CROSS, 26^TH MAIN, 4^TH T BLOCK, JAYANAGAR, BENGALURU – 560 041.

REPRESENTED BY SPA HOLDER SRI S.MANOHAR. ... RESPONDENT (BY SRI BIPIN HEGDE, ADVOCATE A/W SRI VINAYAKA S.PANDIT, ADVOCATE)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF B.N.S.S., 2023, PRAYING TO A. QUASH THE ORDER DATED 31.10.2025 IN C.C.NO.44968/2025 PASSED BY THE COURT OF THE XXII ADDL CJM BENGALURU CITY, WHEREIN THE COGNIZANCE HAS BEEN TAKEN AGAINST THE PETITIONERS HEREIN BY ISSUING SUMMONS FOR THE OFFENCE P/U/S 138 OF NI ACT AND AS PER ANNEXURE B; B. TO QUASH THE COMPLAINT AND ENTIRE PROCEEDINGS IN C.C.NO.44968/2025 TITLED AS SMT.R.G.MANJULA Vs. M/S.VAISHNODEVI FAIRRMONT ESTATE LLP, PENDING ON THE FILE OF XXII ACMM, AT BENGALURU AS PER ANNEXURE A AND B; C. QUASH ALL CONSEQUENTIAL PROCEEDINGS ARISING THERE FROM AND ALLOW THIS CRIMINAL PETITION.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 11.02.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners/accused 1, 2 and 3 are before the Court calling in question entire proceedings in C.C.No.44968 of 2025 registered for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’ for short).

2. Heard Sri D.R. Ravishankar, learned senior counsel appearing for the petitioners and Sri Bipin Hegde, learned counsel appearing for the respondent.

3. Facts, in brief, germane are as follows: -

The 3^rd petitioner-Company and the respondent enter into a transaction through a registered sale deed in respect of certain land situated in Heggadagere Village, Bidadi Hobli, Ramanagara Taluk and District and in furtherance of the said transaction, the 3^rd petitioner issued four post dated cheques for ₹91,65,000/- being a portion of the entire sale consideration of ₹3,89,65,000/-. On 20-06-2025, the cheques that were presented for realization got dishonoured for want sufficient funds. On 17-07-2025, the respondent causes a legal notice and initiates proceedings under Section 138 of the Act. The respondent then, through her Special Power of Attorney holder files P.C.R.No.16785 of 2025 for the aforesaid amount of ₹91,65,000/-. The concerned Court takes cognizance of the offence and registers C.C.No.44968 of 2025. It appears that the respondent, on the same cause of action, in respect of the very same transaction, has filed a suit for recovery of money in O.S.No.5 of 2026 and the same is said to be pending consideration. Taking of cognizance and issuance of summons is what has driven the petitioners to this Court in the subject petition.

4. The learned senior counsel Sri D.R.Ravishankar appearing for the petitioners would vehemently contend that the complaint is preferred by a