- 1 - NC: 2025:KHC:1724 CRL.P No. 3025 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3025 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI.SHAFIULLA S/O BASHU SAB AGED ABOUT 43 YEARS RESIDING AT 15TH WARD SAHARA SCHOOL AREA BAGEPALLI, CHIKKABALLAPUR – 561 207. …PETITIONER (BY SRI. NEHRU P., ADVOCATE) AND: SRI. MOHANKUMAR S N S/O P NANJAPPA AGED ABOUT 39 YEARS RESIDING AT: NANDI ROAD WARD NO 20, CHIKKABALLAPUR TOWN TALUK 562 101. …RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.832/2022 PENDING ON THE FILE OF THE LEARNED 1ST ADDL.SENIOR CIVIL JUDGE AND J.M.F.C, CHIKKABALLAPURA FOR THE ALLEGED OFFENCE P/U/S 138 OF N.I ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1724 CRL.P No. 3025 of 2024 ORAL ORDER This petition by the accused in C.C.No.832/2022 pending on the file of the I Additional Senior civil Judge and JMFC, Chikkaballapur, is directed against the proceedings in C.C.No.832/2022 as well as the impugned order dated 07.02.2024, whereby the application filed by the petitioner-accused was dismissed by the Trial court by holding as under: “PW-1 is present. Accused is present. L/c for the accused filed application U/s 203 of Cr.P.C. with a prayer to dismiss the complainant as it is premature complainant. It is relevant to note that when the court has issued the process after recording the sworn statement, the court has no power to dismiss the complainant for any of the grounds by exercising power U/s 203 of Cr.P.C. The accused is at liberty to take the defense which he has taken in his application during the course of trial. Keeping the open the defense taken by the accused in his application shall be considered after conclusion of the trial, the application filed by the accused deserves to be rejected. Hence, this court proceeds to pass the following: ORDER The application filed by the accused U/s. 203 of Cr.P.C. is hereby rejected reserving liberty to the accused to raise the defense which he has taken in his application during the course of trial. For cross of PW-1 by 27.02.2024.” - 3 - NC: 2025:KHC:1724 CRL.P No. 3025 of 2024 2. Though several contentions have been urged by the petitioner in support of his contentions, having regard to the fact that the Trial Court itself has left all contentions open to be urged during a full fledged trial, I am of the considered opinion that this criminal petition may be disposed of without interfering with the impugned order or the impugned proceedings before the Trial court and by reserving liberty to the petitioner-accused to raise the defence which he has taken in his application during the course of trial, as ordered by the Trial court. 3. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 29