IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL PETITION NO. 102141 OF 2024 (482 OF Cr.PC/528 OF BNSS)

BETWEEN:

1. M/S. KRISHNAMURTHY SPINNING MILLS (P) LTD.

NH5, NADENDLA ROAD, THIMMAPURAM YEDIAPADU MANDAL, GUNTUR DIST-522233, ANDRA PRADESH, CIN NO.U17121AP2006PTC050464 REP. BY PETITIONER NO.2/ACCUSED NO.3)

2. SHRI MITTAPALLI SHIVAKUMAR S/O. MITTAPALLI RAMA RAO, AGE: 60 YEARS, OCC: DIRECTOR, M/S. SRI KRISHNAMURTHY SPINNING MILLS (P) LTD., NH5, NADENDLA ROAD, THIMMAPURAM YEDIAPADU MANDAL, GUNTUR DIST-522233, ANDRA PRADESH.

Digitally signed by 3. SHRI M. DHEERAJ KRISHNA MALLIKARJUN RUDRAYYA KALMATH S/O. MITTAPALLI SHIVAKUMAR, Location: High Court of Karnataka, Dharwad Bench AGE: 30 YEARS, OCC: DIRECTOR, M/S SRI KRISHNAMURTHY SPINNING MILLS (P) LTD., NH5, NADENDLA ROAD, THIMMAPURAM YEDIAPADU MANDAL, GUNTUR DIST-522233, ANDRA PRADESH. 4. SMT. SWATHI LAKSHMI MITTAPALLI D/O. MITTAPALLI SHIVAKUMAR, AGE: 32 YEARS, OCC. DIRECTOR, M/S SRI KRISHNAMURTHY SPINNING MILLS (P) LTD., NH5, NADENDLA ROAD, THIMMAPURAM YEDIAPADU MANDAL, GUNTUR DIST-522233, ANDRA PRADESH.

…PETITIONERS (BY SRI J. BASAVARAJ, ADVOCATE)

AND:

1. M/S. BILWA COTTON GINNING AND PRESSING FACTORY BY ITS PROPRIETOR SMT. JAYALAXMI RUPANAGUNDI, AGE: MAJOR, OCC: BUSINESS, R/O. WARD NO.8, ANDRAL ROAD, BALLARI-583101, REPRESENTED BY GPA SHRI. BASAVARAJ RUPANAGUDI.

2. SHRI MAVR PANI KRISHNA S/O. MITTAPALLI UMA MAHESHWAR RAO, AGE: 36 YEARS, OCC: DIRECTOR, M/S KRISHNAMURTHY SPINNING MILLS (P) LTD.

NH5, NADENDLA ROAD, THIMMAPURAM YEDIAPADU MANDAL, GUNTUR DIST-522233, ANDRA PRADESH.

…RESPONDENTS (SRI. CHETAN MUNNOLI, ADV. FOR R1;

SRI. B.V. SOMAPUR, ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED U/S.482 OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO QUASH THE IMPUGNED PRIVATE COMPLAINT DATED 12.06.2023 AS PER ANNEXURE-F AND SUBSEQUENT REGISTRATION OF IMPUGNED CRIMINAL CASE PROCEEDINGS IN CC NO. 371/2023 (ARISING OUT OF PCR NO.50/2023) PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI AS PER ANNEXURE-G FOR THE ALLEGED OFFENCES U/S.138 OF NI ACT, 1881 INSOFAR PETITIONERS NO. 1 TO 4/ACCUSED NO. 1 AND 3 TO 5 ARE CONCERNED AND ETC.

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

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

CAV ORDER

This criminal petition is filed by the petitioners/accused Nos.1, 3, 4 and 5 under Section 482 of Code of Criminal Procedure (Cr.P.C.)/528 of Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS) praying to quash the criminal proceedings initiated against them, with the following prayer:

“PRAYER WHEREFORE, on the above stated grounds and any other grounds that may be submitted at the time of hearing of the present case it is most respectfully prayed that:

i. The Hon’ble Court be pleased to quash the impugned private complaint dated 12.06.2023 as per ANNEXURE-F and subsequent registration of impugned criminal case proceedings in CC No. 371/2023 (arising out of PCR No.50/2023) pending on the file of Hon’ble II Addl. Civil Judge and JMFC, Ballari as per ANNEXURE-G for the alleged offences u/s 138 of Negotiable Instrument Act, 1881 insofar Petitioners No. 1 to 4/Accused No. 1 & 3 to 5 are concerned.

A. Grant any other may kindly be passed that the Hon’ble Court deems fit in the interest of justice.”

2. The case made out as per the private complaint averments filed under Section 200 of Cr.P.C. that respondent No.1/complainant, being the proprietor of M/s. Biswa Cotton Ginning and Pressing Factory, is engaged in the manufacturing of cotton spinning materials and is also carrying out the purchase and sales of cotton from various farmers. Accused No.1/petitioner No.1 is a company and petitioner Nos.3 to 5, who are accused, were directors of petitioner No.1/company.

3. Petitioner No.1/accused has placed certain orders of lint cotton bales made out of raw cotton with respondent No.1/complai