- 1 - NC: 2025:KHC:11115 CRL.P No. 3032 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. 3032 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 DISTRICT - 570 009. …PETITIONER (BY SRI. MAHAMMAD ANWAR, ADVOCATE FOR SRI. LETHIF B., ADVOCATE) AND: 1. KUMARA C/O. VENUGOPAL, AGED ABOUT 42 YEARS, R/AT NO.2688, 3RD CROSS, GANDHINAGAR, MANDYA- 571 401. …RESPONDENT (BY SRI. ABDUL ANSAR, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.38/2016 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, MANDYA, FOR THE OFFENCE P/U/S 138 OF N.I ACT, WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:11115 CRL.P No. 3032 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner-accused challenges the cognizance taken of the offences 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 legally enforceable debts 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 a joint memo stating that they have amicably resolved the dispute among themselves, and in terms of the settlement, the petitioner-accused had paid entire cheque amount of Rs.1Lakh and therefore, the complainant has agreed to withdraw all the allegations and has no objection for quashing the impugned proceedings. 4. The joint memo along with affidavit is placed on record. 5. In view of the settlement arrived between the parties, continuing the criminal proceedings against the petitioner would be a futile exercise, as the probability of his - 3 - NC: 2025:KHC:11115 CRL.P No. 3032 of 2025 conviction is remote and bleak. The continuation of the criminal proceedings 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.38/2016, on the file of the learned Additional Civil Judge and JMFC, Mandya, insofar it relates to accused-petitioner herein is hereby quashed. Pending I.A/s do not survive for consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 91