- 1 - HC-KAR NC: 2025:KHC:18721 WP No. 14119 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14119 OF 2025 (GM-RES) BETWEEN: SRI. VIJAY KUMAR. V. R. S/O LATE VENKATESH REDDY, AGED ABOUT 42 YEARS R/AT NO.1669, 18TH MAIN ROAD, 41ST CROSS, 4TH ‘T’ BLOCK, JAYANAGAR 9TH BLOCK, BANGALORE – 560 041 …PETITIONER (BY SRI. KIRAN N., ADVOCATE) AND: DR. SHIVA KUMAR M., S/O LATE MANI AGED ABOUT 46 YEARS, R/AT NO.61, 9TH CROSS 5TH MAIN ROAD, R C AGRAHARA, CHAMARAJPETE, BANGALORE – 560 018 …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE IMPUGNED JUDGMENT AND SENTENCE PASSED IN C.C.NO. 33496/2021 BY THE LEARNED 12TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU ON 09.04.2025 CONVICTING THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18721 WP No. 14119 of 2025 PETITIONER FOR THE OFFENCE U/S 138 OF THE NEGOTIABLE INSTRUMENTS AS APPENDED VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “ 1. To quash the impugned Judgment and sentence passed in C.C.No.33496/2021 by the learned 12th Additional Chief Judicial Magistrate, Bengaluru on 09.04.2025 convicting the petitioner for the offence U/s 138 of the Negotiable Instruments as appended vide ANNEXURE-‘A’. 2. Pass such other order relief’s this Hon’ble Court deems fit to grant the circumstances of the above case, in the interest of justice and equity.” 2. After arguing the matter for sometime, learned counsel for the petitioner submits that the petition may be disposed of withdrawn reserving liberty in favour of the petitioner to prefer an appeal before the Sessions Court. The said submission is placed on record. - 3 - HC-KAR NC: 2025:KHC:18721 WP No. 14119 of 2025 3. Accordingly, the petition is disposed of as withdrawn with liberty as prayed for. If such an appeal is filed within a period of two months from today, petitioner would be entitled to the benefit of Section 14 of the Limitation Act. All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 79