- 1 - NC: 2025:KHC:11118 CRL.P No. 3131 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3131 OF 2025 BETWEEN: 1. JAYARAMU R S/O. RAMAKRISHNAPPA, AGED ABOUT 45 YEARS, R/AT. SUMERA, NO. 1132, 1ST CROSS 4TH STAGE, WARD NO.22, T K LAYOUT, MYSURU CITY - 570009. …PETITIONER (BY SRI. MAHAMMAD ANWAR, ADVOCATE FOR SRI. LETHIF B., ADVOCATE) AND: 1. H C SANTOSHA S/O. CHIKKAMASTHIGOWDA, AGED ABOUT 39 YEARS, R/AT. M HOSAHLLI, MUDAGANDURU POST, DUDDA HOBALI, MANDYA TALUK, MANDAY DISTRICT - 571416. …RESPONDENT (BY SRI. ABDUL ANSAR., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C NO.797/2015 ON THE FILE OF JUDICIAL MAGISTRATE FIRST CLASS [JMFC] MANDYA, FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT, WHICH IS PRODUCED AT ANNEXURE- A. Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:11118 CRL.P No. 3131 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused challenges the cognizance taken of the offence punishable under Section 138 of Negotiable Instrument Act. 2. The respondent filed a private compliant under Section 200 Cr.P.C. for the offence punishable under Section 138 N.I. Act, stating that accused No.1 issued a subject cheque towards discharge of hand loan borrowed by him and when the said cheque was presented for realization came to be dishonored for want of funds. 3. The parties are present before this Court and they have filed an application for compounding of the offence stating that they have amicably resolved the dispute among themselves, and in terms of the settlement, the complainant has agreed to receive a sum of Rs.2,00,000/- as full and final settlement of the claim. Further the amount of Rs.1,65,000/- from the salary of the accused was attached. 4. The application is placed on record. 5. The complainant who is present before this Court acknowledges the receipt of balance amount of Rs.35,000/- by way of cash. - 3 - NC: 2025:KHC:11118 CRL.P No. 3131 of 2025 6. In view of the settlement between the parties, continuing the criminal proceedings against the petitioner would be a futile exercise, as the probability of his conviction is unlikely. Proceeding with the case despite the compromise would amount to an abuse of the process of law. ORDER i) The Criminal petition is allowed ii) The Impugned proceedings in C.C.No.797/2015, on the file of the learned Judicial Magistrate First Class (JMFC), Mandya, insofar it relates to accused- petitioner herein is hereby quashed. iii) The respondent-complainant is at liberty to withdraw the amount of Rs.1,65,000/-from the salary of the petitioner-accused. Pending I.A/s do not survive for consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 0