- 1 - NC: 2025:KHC:3857 CRL.P No. 630 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. 630 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 560 045. …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 - 560 005. …RESPONDENT Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3857 CRL.P No. 630 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 19.04.2024 PASSED BY LEARNED XXXIII A.C.J.M MAYO HALL UNIT BENGALURU IN C.C.NO.55092/2024 TAKING COGNIZANCE OF THE ALLEGED OFFENCE P/U/S 138 OF N.I ACT AND TO QUASH ALL FURTHER PROCEEDINGS IN C.C.NO.55092/2024 PENDING BEFORE THE LEARNED XXXIII ADDL.C.J.M AT MAYO HALL BENGALURU CITY AGAINST THE PETITIONER BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, 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 19.04.2024 passed by the Learned XXXIII Addl. Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru in C.C.No.55092/2024 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.55092/2024 pending before the Learned XXXIII Addl. Chief Judicial Magistrate, at Mayo Hall Bangalore City against the - 3 - NC: 2025:KHC:3857 CRL.P No. 630 of 2025 Petitioner, by allowing this petition, in the interest of justice and equity." 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arguing the matter for some time, learned counsel for the petitioner submits that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to urge all contentions before the trial Court including the maintainability of the complaint filed by the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