- 1 - NC: 2025:KHC:3856 CRL.P No. 533 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 533 OF 2025 BETWEEN: MR R G PRAKASH S/O R GOVINDASWAMY, AGED ABOUT 33 YEARS, R/AT NO 299/1, VEERANNAPALYA MAIN ROAD, NEAR RAMA TEMPLE, BENGALURU 560045. …PETITIONER (BY SRI. MITHUN G A.,ADVOCATE) AND: MR NARAYANA S S/O LATE SHANMUGAM, AGED ABOUT 54 YEARS, MANAGING DIRECTOR, M/S THIRU MARGADARSHI CONSTRUCTIONS PVT LTD, OFFICE AT NO 98/16, WHEELERS ROAD EXTENSION, OPP CANARA BANK, BENGALURU 560005. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 23.03.2023 PASSED BY LEARNED XXXIII ACMM, MAYO HALL, BENGALURU MAGISTRATE IN C.C NO. 52026/2023 TAKING COGNIZANCE OF THE Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3856 CRL.P No. 533 of 2025 ALLEGED OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT, 1881 AND QUASH ALL CRL.PROCEEDINGS IN C.C.NO.52026/2023 PENDING BEFORE THE FILE OF XXXIII ADDL. METROPOLITAN MAGISTRATE, AT MAYO HALL BANGALORE CITY AGAINST THE PETITIONER, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner has sought for the following relief: "Wherefore, it is respectfully and humbly prayed that this Hon'ble Court may be pleased to set aside the Order dated 23.03.2023 passed by the Learned XXXIII Addl. Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru in C.C.No.52026/2023 taking cognizance of the alleged offence punishable under Section 138 of Negotiable Instruments Act, 1881 and to quash all further proceedings in C.C.No.52026/2023 pending before the Learned XXXIII Addl. Chief Judicial Magistrate, at Mayo Hall Bangalore City against the Petitioner, by allowing this petition, in the interest of justice and equity." - 3 - NC: 2025:KHC:3856 CRL.P No. 533 of 2025 2. After arguing the matter for some time, learned counsel for the petitioner submits that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to urge all contentions before the trial Court including the maintainability of the complaint filed by the respondent and the trial Court may be directed to consider all contentions, defences etc. urged by the petitioner in accordance with law. Submission is placed on record. Petition is disposed of reserving liberty in favour of the petitioner to urge all contentions, defences etc. before the trial Court including that of maintainability of the complaint filed by the respondent in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA ct:sr