- 1 - HC-KAR NC: 2025:KHC:20250 CRL.P No. 7693 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7693 OF 2025 BETWEEN: SRI. RAVI KANTH SETHIA, AGED ABOUT 43 YEARS, THE MANAGING DIRECTOR M/S. BALURGHAT TECHNOLOGIES LIMITED, MONEY TERRACE BUILDING, SHANTHI NAGAR, BANGALORE – 560 027. …PETITIONER (BY SRI. S.B. SRIKANTH, ADVOCATE) AND: SRI. MAHESH V, AGED ABOUT 38 YEARS, THE PROPRIETOR OF M/S. CHAMUNDESHWARI MYS BLR TRANSPORT & COMMISSION AGENT, NO.4, 1ST MAIN, BAMBOO BAZAAR, MYSORE – 570 001. …RESPONDENT *** THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNSS) PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF LHON'BLE IV JDICIAL MAGISTRATE OF FIRST CLASS, MYSORE IN C.C.NO.159/2023 AND PERUSE THE SAME; QUASH THE ORDER DATED 24.02.2023 AS PER Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20250 CRL.P No. 7693 of 2025 DOCUMENT NO.1 WHERE IN THE COURT BELOW HAD TAKEN THE COGNIZANCE OF THE O/U/S 138 OF N.I ACT, 1885 IN CRIMINAL CASE NO.159/2023 AGAINST THE PETITIONER HEREIN AND THERE BY DISMISS THE COMPLAINT IN CRIMINAL CASE NO.159/2023 PENDING BEFORE IV THE JUDICIAL MAGISTRATE OF FIRST CLASS, MYSORE, ETC. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: " 1. Call for the records from the file of Hon'ble IV Judicial Magistrate of First Class, Mysore in C.C.No.159/2023 and peruse the same; 2. Quash the order dated 24.02.2023 as per Document No.1 where in the Court below had taken the cognizance of the offence under Section 138 of N.I. Act, 1885 in Criminal Case No.159/2023 against the Petitioner herein and there by dismiss the complaint in Criminal Case No.159/2023 pending before IV the Judicial Magistrate of First Class, Mysore; 3. Pass any other orders which are deem fit under the circumstances of the case, in the interest of justice and equity." 2. After arguing the matter for sometime, the learned counsel for the petitioner submits that the present petition may be disposed of as withdrawn, reserving - 3 - HC-KAR NC: 2025:KHC:20250 CRL.P No. 7693 of 2025 liberty in favour of the petitioner to urge all contentions before the Trial Court and the Trial Court may be directed to dispose of the same on merits, in accordance with law. 3. His submission is placed on record. The petition is disposed of as withdrawn, reserving liberty in favour of the petitioner as well as the respondent to urge all the contentions before the Trial Court, who is directed to dispose of the said proceedings, in accordance with law, as expeditiously as possible and at any rate, within a period of six months from the date of receipt of a copy of this order. All the rival contentions of both the parties and other aspects are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 48