- 1 - NC: 2025:KHC:3296 CRL.P No. 10538 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10538 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. ESSAC Y A JAI KUMAR ALIAS JAIKUMAR @ AMIRTHA S/O ESSAC VESALAH, AGED ABOUT 49 YEARS RESIDING AT NO.38, ROBERTSON ROAD FRAZER TOWN BENGALURU-560 005. …PETITIONER (BY SRI. AVINASH P, ADVOCATE) AND: MRS SHAMSHAD BEGUM W/O LATE SADATHULLA, R/AT NO.4, 81 2ND FLOOR, AMAN MANSION, CLEVELAND ROAD FRAZER TOWN BANGALORE-500 005. …RESPONDENT (BY SRI. SYED NASEERUDDIN, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS PENDING AGAINST THE PETITIONER IN C.C.NO.58833/2024, AGAINST THE PETITIONER HEREIN, WHO IS ARRAIGNED AS ACCUSED FOR THE OFFENCES U/S 138 OF NEGOTIABLE INSTRUMENT ACT AT ANNEXURE-A, PENDING ON THE FILE OF XXXIII ACMM, MAYO HALL UNIT COURT AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3296 CRL.P No. 10538 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “I) Quash the criminal proceedings pending against the petitioner in C.C.No.58833/2024, against the petitioner herein, who is arraigned as Accused for the offences under Section 138 of Negotiable Instrument Act at Annexure-A, pending on the file of XXXII Addl. Chief Metropolitan Magistrate, Mayo Hall Unit Court at Bengaluru. II) Pass any such orders, directions etc., as this Honourable Court deems fit, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioner submits that the petition may be disposed of reserving liberty in favour of the petitioner to urge all contentions, defence etc., including the defences and contentions urged in the present petition in the impugned proceedings in C.C.No.58833/2024 before the Trial Court. 4. The said submission is placed on record. - 3 - NC: 2025:KHC:3296 CRL.P No. 10538 of 2024 5. The Criminal Petition is disposed of reserving liberty in favour of the petitioner as well as the respondent to urge all their contentions in C.C.No.58833/2023 pending before the Trial Court. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 6. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 52