- 1 - NC: 2025:KHC:5226 WP No. 3959 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3959 OF 2023 (GM-RES) BETWEEN: SRI JAYAKUMAR M D S/O DEVAYYA, AGED ABOUT 59 YEARS, KSRTC DRIVER, R/AT NO.29, NEERKODU BADAVANE, (BASHEER LAYOUT) NEAR RELIANCE PETROL PUMP, VINOBA NAGAR, SAGAR, SHIVAMOGGA DISTRICT-577 401. …PETITIONER (BY SRI. RACHITHA RAJSHEKAR.,ADVOCATE) AND: 1. SRI. KIRAN .E S/O ESHWARAPPA, AGED ABOUT 37 YEARS, R/AT NO.231/1, 3RD MAIN ROAD, 6TH CROSS, NEAR RAMESHWAR CIRCLE, S.N. NAGAR, SAGAR TOWN-577 402. 2. SRI SURESHA.S S/O SHIVAPPA, AGED ABOUT 36 YEARS, R/AT NO.88, SWATHI RESIDENCY, DOOR NO.101, 1ST FLOOR, 5TH CROSS, PRAKRUTHI NAGARA, KOGILU MAIN ROAD, YELAHANKA, BENGALURU -560 064. …RESPONDENTS (BY SRI. BIMBADHARA.M. GOWDAR, ADVOCATE FOR R-1 R-2 SERVED BUT UNREPRESENTED) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH THE CRIMINAL CASES FILED AGAINST THE PETITIONER FOR OFFENCE PUNISHABLE UNDER Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5226 WP No. 3959 of 2023 SECTION 138 OF THE NI ACT, 1881 AS PER-C.C.NO.20/2022(PCR NO.30/2022) PENDING ON THE FILE OF COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, SAGAR, SHIMOGA VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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:- “(A) Issue a writ of certiorari to quash the criminal cases filed against the Petitioner for offence punishable under Section 138 of the NI Act, 1881 as per: (i) C.C.No. 20/2022(PCR No. 30/2022) pending on the file of the Court of Principal Civil Judge and JMFC, Sagar, Shimoga vide Annexure-‘A’ and (ii) C.C.No. 26587/2022(PCR No. 9375/2022) pending on the file of Court of XVIII ACMM, Bangalore against the Petitioner Annexure-‘B’ and: (B) Grant such other reliefs as this Hon’ble court deems fit in the interest of justice and equity.” 2. After arguing the matter for sometime, learned Senior counsel for the petitioner submits that in addition to C.C.No.20/2022 (PCR No.30/2022) and C.C.No.26587/2022 (PCR No.9375/2022), there is one more criminal proceedings in C.C.No.1541/2022 (PCR No.130/2022 at Annexure-C) which is - 3 - NC: 2025:KHC:5226 WP No. 3959 of 2023 also pending before the learned Magistrate and all the three cases have to be disposed of by the very same trial court to avoid conflicting orders. The said submission is placed on record. 3. The material on record discloses that there are three cases between the petitioner and respondents which are pending before the various courts viz., (i) C.C.No.20/2022 (PCR No.30/2022) pending on the file of Prl.Civil Judge and JMFC, Sagar, Shimoga vide Annexure-A; (ii) C.C.No.26587/2022 (PCR No.9375/2022) pending on the file of XVIII ACMM, Bangalore vide Annexure-B; (iii) C.C.No.1541/2022 (PCR No.130/2022) pending on the file of Prl.Civil Judge & JMFC, Sagar vide Annexure-C. 4. In view of the aforesaid facts and circumstances and since all the aforesaid three cases are pending between the same parties, in order to avoid conflicting orders, I deem it just and appropriate to exercise my powers under Section 407 r/w Section 482 Cr.P.C. as well as Articles 226 and 227 of the Constitution of India and withdraw the C.C.No.26587/2022 (PCR No.9375/2022) from the Bangalore Court, C.C.No.1541/2022 (PCR No.130/2022) from the Sagar Court and transfer both the cases to the court of - 4 - NC: 2025:KHC:5226 WP No. 3959 of 2023 Prl.Civil Judge and JMFC, Sagar, Shimoga, to be clubbed, consolidated, tried and disposed of along with C.C.No.20/2022 (PCR No.30/2022) in accordance with law. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 5. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 45