- 1 - NC: 2025:KHC:7056 CRL.P NO.2343 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.2343 OF 2023 BETWEEN: 1. PURUSHOTAMA S/O MUNISWAMAPPA AGED ABOUT 32 YEARS R/AT NO.109, NEAR AMOGHA LAYOUT, BAIYAPPANAHALLI, BIDARAHALLI HOBLI, VIRGO NAGAR POST, BENGALURU - 560 049. 2. GOWRAMMA D/O HANUMAIYA AGED ABOUT 55 YEARS, R/AT MUTTSANDRA, ELLIKERE, BENGALURU RURAL DISTRICT - 560 087. …PETITIONERS (BY SRI. GANESHA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY K.R. PURAM POLICE STATION BENGALURU - 560 036. 2. JOHN KENNEDY S/O M. KUSURU MICHAEL AGED ABOUT 56 YEARS, KENJ ASSOCIATES, R/AT NO.6, 1ST BLOCK, 3RD CROSS, DOORVANI NAGARA, AKSHAYA NAGARA, KR. PURAM. BENGALURU - 560 036. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1; SRI. THUSHANATH C.V., ADVOCATE FOR R2) Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:7056 CRL.P NO.2343 OF 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF THE CRIMINAL PROCEDURE, PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.53912/2021 ARISING OUT OF CRIME NO.388/2020 REGISTERED BY THE RESPONDENT NO.1-K.R. PURAM POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 420 AND 506 READ WITH SECTION 34 OF THE INDIAN PENAL CODE PENDING BEFORE THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, MAYOHALL, BENGALURU. 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, petitioners seek following relief: "Quash the proceedings in C.C. No.53912/2021 arising out of Crime No.388/2020 registered by the respondent No.1 Police for the offences punishable under Sections 420 and 506 read with Section 34 of the Indian Penal Code pending before the 10th Additional Chief Metropolitan Magistrate Court, Mayohall, Bengaluru in the interest of justice." 2. Heard learned counsel for petitioners; learned Additional State Public Prosecutor for the respondent No.1-State; and learned counsel for the respondent No.2 and perused the material on record. - 3 - NC: 2025:KHC:7056 CRL.P NO.2343 OF 2023 3. A perusal of the material on record will indicate that, in relation to the financial transaction between the respondent No.2- complainant and the petitioners, the respondent No.2-complainant has already instituted proceedings in C.C. No.51022/2021 against the petitioners herein, which is currently posted before the Trial Court on 19.03.2025. 4. It is submitted by learned counsel for petitioners that, having instituted the proceedings under the Negotiable Instruments Act against the petitioners, the present proceedings instituted by the respondents in C.C. No.53912/2021 in respect of very same transaction and making the very same allegation is not maintainable and the same deserves to be quashed. 5. Per contra, learned counsel for the respondent No.2- complainant submits that the petitioners herein who are accused in the instant proceedings in C.C. No.53912/2021 are also accused persons in C.C. No.51022/2021 filed by the respondent No.2 under the Negotiable Instruments Act and the petitioners are deliberately avoiding their appearance in the said proceedings and as such, the present petition filed by the petitioners before this Court is liable to be dismissed. - 4 - NC: 2025:KHC:7056 CRL.P NO.2343 OF 2023 6. It is submitted by learned counsel for the respondent No.2 that, in the event, if the petitioners appear before the Trial Court in C.C.No.51022/2021 filed by the respondent No.2 under the Negotiable Instruments Act before the XXXIV Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru on the next date of hearing, the impugned proceedings instituted for the offences punishable under Sections 420 and 506 read with Section 34 of the Indian Penal Code may be quashed. 7. By way of reply, learned counsel for petitioners submit that the petitioners undertake to appear before the XXXIV Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru in C.C. No.51022/2021 on the next date of hearing which presently stands posted on 19.03.2025. 8. In view of the aforesaid facts and circumstances and submissionS made by learned counsel for both sides, I deem it appropriate to dispose of this petition by quashing the impugned proceedings in C.C. No.53912/2021 pending before the X Additional Chief Metropolitan Magistrate Court, Mayohall, Bengaluru and issuing certain directions to the petitioners. 9. In the result, I pass the following: - 5 - NC: 2025:KHC:7056 CRL.P NO.2343 OF 2023 O R D E R 1. Criminal Petition is disposed of. 2. The impugned proceedings in C.C. No.53912/2021 pending before the X Additional Chief Metropolitan Magistrate Court, Mayohall, Bengaluru against the petitioners are hereby quashed subject to petitioners herein appearing in C.C. No.51022/2021 pending before the XXXIV Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru on 19.03.2025 without taking any adjournment under any circumstances whatsoever; 3. It is made clear that, in the event, the petitioners do not appear before the Trial Court as directed above, the present order shall stand automatically recalled and the present Criminal Petition stands revived without reference to Bench. 4. In addition thereto, if petitioners do not appear before the XXXIV Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru in C.C. No.51022/2021 on 19.03.2025, the learned Magistrate would be entitled to issue Non Bailable Warrant as against the petitioners and proceed further in accordance with law. - 6 - NC: 2025:KHC:7056 CRL.P NO.2343 OF 2023 5. The Trial Court is directed to dispose of C.C. No.51022/2021 within a period of six months from 19.03.2025. 6. All rival contentions are kept open and no opinion expressed on the same. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK