- 1 - NC: 2025:KHC:2380 CRL.P NO.3740 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.3740 OF 2024 BETWEEN: SHRI. B.M. MALLIKARJUNA S/O SHRI. B. MURTHY AGED ABOUT 60 YEARS, AGRICULTURIST. R/O BANURU VILLAGE AND POST, SAKARAYAPATTANA HOBLI, KADURU TALUK. CHIKKAMAGALURU DISTRICT - 577 168. …PETITIONER (BY SRI. K.S. GANESHA, ADVOCATE) AND: SHRI. M.C. PRAVEEN @ PRAVEEN S/O SHRI. CHANNABASAVAIAH AGED ABOUT 40 YEARS, AGRICULTURIST, MAYAGONDANAHALLI VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 217. …RESPONDENT (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO SET-ASIDE THE ORDER DATED 27TH MAY, 2022 (ANNEXURE-B) IN TAKING COGNIZANCE AND ISSUING PROCESS AGAINST THE PETITIONER BY THE CIVIL JUDGE AND JMFC., BELUR IN C.C.NO.693/2022. 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 ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:2380 CRL.P NO.3740 OF 2024 ORAL ORDER In this petition, the petitioner is the accused in C.C. No.693/2022 instituted by the respondent-complainant against the petitioner for the alleged offences under Section 138 and 142 of the Negotiable Instruments Act. 2. Heard the learned counsel for the petitioner and learned counsel for the respondent. 3. The limited question that arises for consideration in the present petition is as to whether the impugned proceedings which are undisputedly pending before the Civil Judge and JMFC., Belur, Hassan District are within the territorial jurisdiction of the said Court or whether the said proceedings ought to have been instituted before the jurisdictional Court at Bengaluru. 4. Though the several contentions have been urged by both sides on merits of the case, learned counsel for the petitioner and learned counsel for the respondent-complainant jointly submit that, instead of disposing of the present petition on merits, the aforesaid C.C. No.693/2022, which is presently pending on the file of the Civil Judge and JMFC., Belur may be transferred to the jurisdictional Court at Bengaluru. - 3 - NC: 2025:KHC:2380 CRL.P NO.3740 OF 2024 5. The joint submission made by the learned counsel for the petitioner and learned counsel for the respondent is placed on record. 6. In view of the aforesaid facts and circumstances and the joint submission made by both the sides, I deem it appropriate to exercise my powers under Article 227 of the Constitution of India read with Section 407 of the Code of Criminal Procedure (Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and Section 482 of the Code of Criminal Procedure (Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) and withdraw C.C. No.693/2022 from the file of the Civil Judge and JMFC., Belur and transfer the same to the jurisdictional Magistrate Court at Bengaluru for disposal in accordance with law. 7. In the result, I pass the following: O R D E R Criminal Petition is hereby disposed of. The proceedings in C.C. No.693/2022 presently pending on the file of the Civil Judge and JMFC., Belur are directed to be withdrawn from the said Court and transferred to the Court of jurisdictional - 4 - NC: 2025:KHC:2380 CRL.P NO.3740 OF 2024 Magistrate at Bengaluru for disposal in accordance with law. The parties are directed to appear before the jurisdictional Magistrate Court at Bengaluru on 11th February, 2025 without awaiting for further notice from the learned Magistrate. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the same. SD/- (S.R.KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 14