- 1 - NC: 2025:KHC:15437 CRL.P No. 9104 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9104 OF 2024 BETWEEN: C.T. SUDHARANI W/O C.G. VENKATESH AGED 38 YEARS RESIDING AT SRIMATHA ANNAPOORNESHAWARI NILAYA GANAPATHI TEMPLE ROAD MAHADESHWARA NAGARA 2ND STAGE HEROHALLI BANGALORE - 560 091. …PETITIONER (BY SRI V.R. VINAY KUMAR, ADV., FOR SRI V.B.RAVISHANKER, ADV.) AND: SL KRISHANAPPA S/O (LATE) NINGAPPA AGED 57 YEARS RESIDING AT PUTTASWAMAIAHNAPALYA SATHYAMANGALA ROAD SIRA GATE, TUMKUR - 560 001. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED ORDER OF THE VII ADDL. DIST. AND SESSIONS JUDGE, TUMKURU DATED 04.06.2024 PASSED IN CRL.RP. NO.30/2024 (VIDE ANNEXURE-A)2) CONSEQUENTLY, QUASH THE ORDER PASSED BY THE V ADDL. CIVIL JUDGE AND JR. DVN. AND JMFV AT TUMKUR IN C.C.NO.832/2016 (VIDE ANNEXURE- B) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15437 CRL.P No. 9104 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER The petitioner is before this Court challenging the order dated 04.06.2024 passed by the Court of VII Addl. District & Sessions Judge, Tumakuru in Crl.R.P.No.30/2024. 2. Heard the learned counsel appearing for the petitioner. 3. The petitioner, who is an accused in C.C.No.832/2016 pending before the Court of V Addl. Civil Judge & JMFC, Tumakuru registered for the offence punishable under Section 138 of N.I. Act had filed an application under Section 311 of Cr.P.C, before the learned Magistrate with a prayer to recall PW.1 for cross- examination. The said application was opposed by the complainant P.W.1 and vide order dated 29.12.2021, the application filed by the petitioner under Section 311 of - 3 - NC: 2025:KHC:15437 CRL.P No. 9104 of 2024 Cr.P.C, was dismissed. The same was questioned by the petitioner before this Court in Crl.P.No.2257/2024. This Court by a reasoned order dated 06.03.2024 had dismissed Crl.P.No.2257/2024 and this Court had also taken note of the fact that the case before the Trial Court was at the stage of 'Pronouncement for judgment'. 4. After dismissal of Crl.P.No.2257/2024 before this Court vide order dated 06.03.2024, suppressing the same, the petitioner had filed Crl.R.P.No.30/2024 before the Court of V Add. Civil Judge & JMFC, Tumakuru challenging the order dated 29.12.2021, which was confirmed by this Court in Crl.P.No.2257/2024. Along with criminal revision petition, an application for condonation of delay was also filed. In the memorandum of criminal revision petition as well as in the application filed seeking condonation of delay in filing criminal revision petition, the petitioner had suppressed the fact about she filing Crl.P.No.2257/2024 before this Court and dismissal of the same on merits vide order dated 06.03.2024. - 4 - NC: 2025:KHC:15437 CRL.P No. 9104 of 2024 Subsequently, Crl.R.P.No.30/2024 was dismissed by the learned Sessions Judge vide the order impugned herein dated 04.06.2024 with cost of Rs.5,000/-. Assailing the said order passed in Crl.R.P.No.30/2024, the petitioner is before this Court in this criminal petition. 5. Even in this criminal petition, the petitioner has suppressed the fact about she approaching this Court earlier in Crl.P.No.2257/2024 challenging the order dated 29.12.2021 passed by the Trial Court which is now confirmed in Crl.R.P.No.30/2024 by the learned Sessions Judge. It is noticed that because of filing of repeated frivolous petitions by the petitioner, the case before the Trial Court, which was at the stage of 'pronouncement of judgment' as on the date when Crl.P.no.2257/2024 was dismissed on merits by this Court is still pending at the very same stage, which prima-facie goes to show that, the petitioner has been prolonging disposal of the said case on the ground that challenge made to the order dated - 5 - NC: 2025:KHC:15437 CRL.P No. 9104 of 2024 29.12.2021 passed in C.C.No.832/2016 by the Trial Court is still pending. 6. The defacto complainant, who has initiated proceedings against the petitioner for the offence punishable under Section 138 of N.I. Act in the year 2016 has been made to suffer by filing multiple petitions suppressing the material facts and thereby the Courts which are already over burdened are further burdened with these types of frivolous petitions. 7. Under these circumstances, I am of the opinion that the petition is liable to be dismissed with exemplary cost. 8. Accordingly, the petition is dismissed with cost of Rs.50,000/-. 9. The copy of this order shall be forwarded forthwith by the registry to the Trial Court. In the event the petitioner fails to pay the cost before the Trial Court, - 6 - NC: 2025:KHC:15437 CRL.P No. 9104 of 2024 the Trial Court shall proceed to recover the same from the petitioner, as if it is a revenue recovery. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS