- 1 - NC: 2025:KHC:2922 CRL.P No. 6184 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6184 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. OM PRAKASH. H S/O. LATE N. HANUMANTHAIAH AGED ABOUT 49 YEARS RESIDING AT NO.819 LAKSHMINARASIMHA NILAYA 1ST E MAIN , 4TH CROSS K.N. EXTENSION, L.N. COLONY YESHWANTHAPURA BANGALORE-560022. …PETITIONER (BY SRI. KEERTHI PRASAD D.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY BAGALGUNTE POLICE STATION, BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001. 2. SHRIDHAR RAJU AGED ABOUT 52 YEARS S/O SATHYANARAYANA RAJU REVANNARADYA OIL HOUSE KEREGUDDADAHALLI VILLAGE CHIKKABANAVARA POST BENGALURU-560090. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2922 CRL.P No. 6184 of 2024 3. MUNIYAPPA C. AGED ABOUT 65 YEARS S/O. CHINNAYYA NO.15, 2ND CROSS NEAR LAKSHMI TEMPLE MAHALAKSHMI LAYOUT ABBIGERE, CHIKKABANAVAR, BENGALURU-560090 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP, FOR R1; SRI. C.N.DHARANISH, ADVOCATE FOR R2 AND R3) THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1061/2023 AND FIR BEARING NO.0296/2022 DATED 23.08.2022 REGISTERED AT THE 1ST RESPONDENT BAGALGUNTE POLICE, PENDING ON THE FILE OF III ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 420, 506 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the accused in C.C.No.1061/2023 seeking for quashing of the impugned proceedings initiated by the respondent Nos.2 and 3 /defacto complainants against the - 3 - NC: 2025:KHC:2922 CRL.P No. 6184 of 2024 petitioner for alleged offences punishable under Sections 406, 420 and 506 of Indian Penal Code. 2. Heard the learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and learned counsel for the respondent Nos.2 and 3 and perused the material on record. 3. A perusal of the material on record will indicate that in relation to dispute between the petitioner and the respondent Nos.2 and 3, the respondent Nos.2 and 3 have already instituted proceedings under Section 138 of Negotiable Instruments Act which are against the petitioner and which are currently pending in P.C.R.No.5939/2021 and P.C.R.No.5936/2021. This undisputed fact has borne out from the material on record that the petitioner is the sole accused in both the aforesaid criminal proceedings. 4. Learned counsel for the respondent Nos.2 and 3/complainants on instructions from the complainant who is physically present before the Court submits that in the event the learned magistrate who before him P.C.R.No.5939/2021 and P.C.R.No.5936/2021 are pending against the Page No.3 : Retyped and replaced vide Court Order dated 24.02.2025 - 4 - NC: 2025:KHC:2922 CRL.P No. 6184 of 2024 petitioner/accused is directed to dispose off the said proceedings within a stipulated time frame, the instant proceedings may be quashed issuing such directions to the learned magistrate. 5. The submission is placed on record. 6. Per contra, learned HCGP submits that there is no merit in the matter and the same is liable to be dismissed. 7. In view of the aforesaid facts and circumstances, in order to secure ends of justice and in the light of the submission made by the learned counsel for respondent Nos.2 and 3, without expressing any opinion on the merits/demerits of the rival contentions in P.C.R.No.5939/2021 (C.C.No.43168/2024) and P.C.R.No.5936/2021 (C.C.No.11155/2022), I deem it just and appropriate to quash the impugned proceedings in C.C.No.1061/2023 by directing the learned magistrate before whom P.C.R.No.5939/2021 (C.C.No.43168/2024) and P.C.R.No.5936/2021 (C.C.No.11155/2022) are pending to conclude and dispose off the said proceedings within a period of 03 months from the date of receipt of a copy of this order. Page No.4 : Retyped and replaced vide Court Order dated 24.02.2025 - 5 - NC: 2025:KHC:2922 CRL.P No. 6184 of 2024 8. Accordingly, I pass the following: ORDER (i) The Criminal Petition is allowed; and (ii) The impugned proceedings in C.C.No.1061/2023 arising out of Crime No.296/2022 registered by the Bagalgunte Police Station, pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru, qua the petitioner- accused is hereby quashed. (iii) Learned counsel for both sides submit that P.C.R.No.5939/2021 had earlier been dismissed for non-prosecution and the same has been revived and restored to the file of learned magistrate as on today in C.C.No.43168/2024. (iv) The petitioner and respondent Nos.2 and 3 are directed to cooperate with the learned magistrate for expeditious disposal of P.C.R.No.5939/2021 in C.C.No.43168/2024 and P.C.R.No.5936/2021 in C.C.No.11155/2022 within a period of three months from the date of receipt of a copy of this order. All rival contentions in all aspects are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE HJ: List No.: 1 Sl No.: 33 Page No.5 : Retyped and replaced vide Court Order dated 24.02.2025