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2025 DAILYLAW 14571 (KAR)

SRI PRASANNA S v. SRI MAHESH

CRL.P/781/2023 · 2025-02-18

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:7090 CRL.P No. 781 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 781 OF 2023 BETWEEN: SRI. PRASANNA S, AGED ABOUT 28 YEARS, S/O SIDDEGOUDA R/A KURUBARA STREET, GOUDAHALLI VILLAGE, YELLANDUR TALUK, CHAMARAJANAGAR – 571 105. …PETITIONER (BY SRI. PRUTHVEEN PRALHAD, ADVOCATE) AND: SRI. MAHESH AGED ABOUT 35 YEARS, S/O LATE CHIKKARACHANAYAKA, R/O AGARA, AGARA VILLAGE, YELLANDUR TALUK, CHAMARAJANAGAR – 571 105. …RESPONDENT (BY SRI. VIJAY KUMAR T, ADVOCATE) THIS CRL.P FILED U/S. 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE ANNEXURE A COMPLIANT, ANNEXURE B-2 AND ANNEXURE C PROCEEDINGS BEFORE CIVIL JUDGE JUDICIAL MAGISTRATE FIRST CLASS AT Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7090 CRL.P No. 781 of 2023 YELLANDUR, CHAMARAJANAGAR IN C.C.NO. 648/2022 AND ETC., 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, petitioner seeks for the following reliefs: "Whereof the petitioners respectfully pray that this Hon'ble Court may be pleased to call for the records connected with C.C.No.648/2022 on the file of the Civil Judge and Judicial Magistrate First Class at Yellandur, Chamarajanagar District, examine the same and quash the Annexure-A compliant, Annexure-B-2 return memo and Annexure - C proceedings before Civil Judge Judicial Magistrate First Class at Yellandur, Chamarajanagar in C.C.No.648/2022 and to grant such other order or relief to which the petitioners may be found entitled to under the circumstances of the case including the award of costs in the interest of justice." 2. After arguing the matter for some time, learned counsel for the petitioner submits that the petition may be disposed of reserving liberty in favour of the petitioner - 3 - NC: 2025:KHC:7090 CRL.P No. 781 of 2023 to urge all contentions in the proceedings before the trial Court by directing the trial Court to dispose of the matter on merits and in accordance with law. 3. Submission is placed on record. 4. Though several contentions have been raised by both the sides in support of their respective claims, including maintainability/non-maintainability of the complaint filed by the respondent against the petitioner for the alleged offences under Section 138 of the Negotiable Instruments Act 1881, without expressing any opinion on the merits/de-merits on the rival contentions, I deem it just and appropriate to dispose of the petition reserving liberty to both the parties to urge all their contentions before the trial Court which shall consider the same and provide sufficient and reasonable opportunity to both the parties and dispose of the matter in accordance with law. - 4 - NC: 2025:KHC:7090 CRL.P No. 781 of 2023 5. Subject to the aforesaid direction and reserving liberty to both the parties, petition stands disposed of accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA List No.: 1 Sl No.: 3