Case Note & Summary
The petitioners, who are the accused in a cheque dishonour case, filed a criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) before the High Court of Karnataka. They sought to set aside an order dated 04.12.2025 passed by the III Additional District and Sessions Judge, Dakshina Kannada, Mangalore, in Criminal Revision Petition No.71 of 2025, which had rejected their challenge to the order of taking cognizance by the Judicial Magistrate First Class, Vth Court, Mangalore, dated 26.09.2024, resulting in the registration of C.C.No.1310 of 2024. The dispute arose from a transaction where the petitioners issued a cheque for ₹10 lakhs in favour of the respondents/complainants, which was dishonoured. The petitioners contended that the cognizance order was erroneous. However, the High Court, after hearing the learned counsel for the petitioners, found no merit in the petition. The court noted that the revisional court had already upheld the magistrate's order, and there were no grounds to interfere with the concurrent findings. Consequently, the petition was dismissed.
Headnote
A) Criminal Procedure - Cognizance - Section 528 BNSS, 2023 - Challenge to order of taking cognizance - Petitioners/accused challenged the order of JMFC taking cognizance and the revisional order rejecting their revision - Court held that there is no ground to interfere with the concurrent findings and dismissed the petition (Paras 1-4).
Issue of Consideration
Whether the order of taking cognizance and the revisional order rejecting challenge thereto are liable to be set aside under Section 528 of BNSS, 2023.
Final Decision
The criminal petition is dismissed.
Law Points
- Interpretation of Bharatiya Nagarik Suraksha Sanhita
- 2023 (BNSS) provisions
- Application of special statutes versus general criminal procedure
- Procedure for taking cognizance under Negotiable Instruments Act
- 1881
- Mandatory versus directory provisions in criminal procedure
- Savings clause under Section 5 of BNSS
- 2023
- Section 528 BNSS
- Section 138 NI Act
- cognizance
- revision
- concurrent findings
Case Details
2026 LawText (KAR) (01) 32
Criminal Petition No.54 of 2026
Mudra Developers, Mr. Vasudev K., Deepa K.S.
M/s. Aashirvad Infra Developers, Mr. P. Krishnaraj Mayya
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Nature of Litigation
Criminal petition under Section 528 of BNSS, 2023 challenging order of taking cognizance and revisional order.
Remedy Sought
Petitioners sought to set aside the order dated 04.12.2025 in Crl.RP No.71/2025 and the order of taking cognizance dated 26.09.2024.
Filing Reason
Petitioners/accused challenged the order of taking cognizance by JMFC and the revisional order rejecting their revision.
Previous Decisions
JMFC took cognizance on 26.09.2024 and registered C.C.No.1310 of 2024; revisional court rejected challenge on 04.12.2025.
Issues
Whether the order of taking cognizance and the revisional order are liable to be set aside.
Submissions/Arguments
Petitioners argued that the cognizance order was erroneous.
Ratio Decidendi
There is no ground to interfere with the concurrent findings of the courts below; the petition under Section 528 BNSS, 2023 is dismissed.
Judgment Excerpts
The petitioners/accused 1 to 3 are at the doors of this Court calling in question an order dated 04-12-2025 passed by the III Additional District and Sessions Judge, Dakshina Kannada, Mangalore in Criminal Revision Petition No.71 of 2025 rejecting the challenge to the order of taking cognizance by the Judicial Magistrate First Class, Vth Court, Mangalore, Dakshina Kannada, in terms of his order dated 26-09-2024 and registering C.C.No.1310 of 2024.
Heard Sri K. Ravishankar, learned counsel appearing for the petitioners.
The skeletal facts are as follows: The petitioners are the accused and respondents are the complainants. The petitioners are said to have issued a cheque in furtherance of a transaction for ₹10/- lakhs.
In the light of the aforesaid facts and circumstances, I do not find any ground to interfere with the order passed by the learned Sessions Judge. The petition is accordingly dismissed.
Procedural History
The petitioners issued a cheque for ₹10 lakhs which was dishonoured. The respondents filed a complaint under Section 138 of NI Act. The JMFC took cognizance on 26.09.2024 and registered C.C.No.1310 of 2024. The petitioners challenged the cognizance order before the Sessions Judge in Crl.RP No.71/2025, which was rejected on 04.12.2025. The petitioners then filed the present petition under Section 528 of BNSS, 2023 before the High Court.
Acts & Sections
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): 528
- Negotiable Instruments Act, 1881: 138
