Karnataka High Court
M/S Sakthi Ganesh Textiles Private ... vs M/S Poineer Enterprises on 4 June, 2025
Author: V Srishananda
Bench: V Srishananda
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CRL.P No. 200865 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 200865 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
M/S SAKTHI GANESH TEXTILES PRIVATE LIMITED,
S F-8, 144 AND 143, SLV NOBLE EMBASSY.
NAVA INDIA ROAD, PEELAMEDU,
COIMBTORE-641004.
TAMIL NADU STATE.
REPRESENTED BY ITS DIRECTORS
1. SRI. K. HARIKUMAR S/O SRI. KALAMEGAM,
AGED ABOUT 57 YEARS,
AT NO.617/3, AYYEPALAYAM,
Digitally signed SIRUVALUR POST, GOBI TALUK,
by RENUKA
ERODE-638054,
Location: HIGH
COURT OF TAMIL NADU STATE.
KARNATAKA
2. SRI. PARTHIBAN G S/O. SRI, GOPAL,
AGED ABOUT 52 YEARS,
AT NO.617/3, AYYEPALAYAM,
SIRUVALUR POST, GOBI TALUK,
ERODE-638054,
TAMIL NADU STATE.
...PETITIONERS
(BY SMT. RAJESHWARI MALLINATH, ADVOCATE)
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AND:
M/S POINEER ENTERPRISES,
SHOP NO.72, FIRST FLOOR,
SANTHOSH HUB, GANDHI CHOWK,
RAICHUR,
KARNATAKA STATE.
REPRESENTED BY ITS PROPRITRIX
SMT. BABITHA SANCHETI
W/O AJITH RAJ MOOTHA,
AGE: MAJOR, OCC: BUSINESS,
R/AT NO.11-4-76, JAIN COLONY.
BRESTAWARPET,
RAICHUR-584101,
KARNATAKA STATE,
AND ALSO AT:
NO.11-5-63, JAIN COLONY,
BRESHTHWARPET, RAICHUR,
KARNATAKA STATE- 584 101.
REPRESENTED BY HER GPA HOLDER
SRI AJITHRAJ MOOTHA,
S/O SRI TEJ RAJ MOOTHA,
AGED ABOUT 55 YEARS,
R/AT NO.11-4-76, JAIN COLONY,
BRESTAWARPET, RAICHUR-584101.
KARNATAKA STATE.
...RESPONDENT
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528
OF BNSS 2023, PRAYING TO ALLOW THE PETITION BY
QUASHING THE ENTIRE PROCEEDINGS IN CC NO.4267/2024
WHICH IS PENDING ON THE FILE OF LEARNED PRL. CIVIL
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JUDGE AND JMFC II AT RAICHUR FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N I ACT, AGAINST THE
PETITIONERS VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA)
Heard Smt. Rajeshwari Mallinath, learned counsel
appearing for the petitioners and Sri Shivanand V.
Pattanashetti, learned counsel for the respondent.
2. This petition is filed under Section 482 of
Cr.P.C. with the following prayer:
"WHEREFORE, the petitioners respectfully prays
that this Hon'ble Court be pleased to call for records and
allow the petition by:
a) Pleased to quash the entire proceedings in
C C No. 4267/2024 which is pending on the file of learned
Prl. Civil Judge and JMFC II at Raichur for the offence
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punishable under section 138 of N I Act, against the
petitioners vide Annexure-C.
b) Grant such other relief's as this Hon'ble Court
deems fit in the facts and circumstances of the case in
the interest of justice and equity."
3. In respect of sale of cotton, there was a
transaction between complainant and accused. In respect
of the said transaction, cheques were issued by the
petitioners herein to the respondent bearing No.000454 in
a sum of Rs.1,00,00,000/- dated 28.06.2024 and bearing
No.000459 in a sum of Rs.2,18,66,758/- dated
11.07.2024, drawn on Standard Chartered Bank,
Coimbtore Branch.
4. Both the cheques on presentation returned with
an endorsement 'funds insufficient' on 15.07.2024 and
after issuing legal notice and noticing that there was no
non-compliance, a complaint came to be filed by the
respondent against the petitioners herein for taking action
under Section 138 of the Negotiable Instruments Act.
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5. The petitioners have appeared before the
jurisdictional Magistrate and are contesting the case. In
the meantime, the present petition is filed stating that in
respect of the same transaction, the respondent has also
filed a necessary application before the National Company
Law Tribunal (NCLT) and the same is pending before
NCLT, wherein there is a seizure of the assets of the
petitioners to the extent of Rs.7,00,00,000/- and therefore
criminal case needs to be quashed.
6. Per contra, learned counsel Sri Shivanand V.
Pattanashetti for the respondent opposes the petition
prayer on the ground that the proceedings before the
NCLT and the proceedings before the Magistrate can
parallelly be continued taking note of the fact that there is
an admitted legally recoverable debt.
7. In support of his arguments, learned counsel
Shivanand V. Pattanashetti places reliance on the
judgment of the Honorable Apex Court reported in (2023)
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10 SCC 545 in the case of Ajay Kumar Radheyshyam
Goenka Vs. Tourism Finance Corporation of India
Limited.
8. Having heard the arguments of both sides, this
Court perused the material on record meticulously. On
such perusal of the material on record, this Court is of the
considered opinion that the parallel proceedings is
permissible.
9. However, if the petitioners herein pay the
amounts covered under the cheques as compensation to
the respondent, it is needless to emphasis that the same
shall be given due deduction in the pending proceedings
before the NCLT.
10. The view of this Court in this regard is fortified
by the judgment of the Honorable Apex Court in the case
of Ajay Kumar Radheyshyam Goenka referred to
supra.
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11. Accordingly, no grounds are made out for
quashing the pending criminal proceedings. The petition is
meritless and needs to be dismissed.
12. Hence, the following:
ORDER
The petition is dismissed.
Sd/-
(V SRISHANANDA)
JUDGE
RSP
CT:PK
