- 1 - NC: 2025:KHC-D:2572 WP No. 100505 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.100505 OF 2025 (GM-RES) BETWEEN: PRAKASH S/O. BABU KAMMAR AGED. 55 YEARS, OCC. AGRICULTURE, R/O. CHIBBALAGERI, TALUK. HALIYAL, DISTRICT. UTTAR KANNADA-581329. …PETITIONER (BY SRI. SUNILKUMAR BANGARI, ADVOCATE) AND: SHRI. BEERESHWAR CO-OPERATIVE SOCIETY LTD. HALIYAL, DIST. UTTARA KANNADA, R/BY SRI. SHIVAYOGI S/O. SHANTARAJ VALISHETTY, A/A 43 YEARS, R/O. HALIYAL, DISTRICT. UTTARA KANNADA-581329. …RESPONDENT (BY SRI. SHARAD V.MAGADUM, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ACRTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BNSS, PRAYING TO, ISSUE WRIT OF CERTIORARI TO QUASH/ SET ASIDE IMPUGNED ORDER DATED. 24-12-2024 PASSED BY PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC, HALIYALA IN CC NO.102 OF 2018 VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:55 +0530 - 2 - NC: 2025:KHC-D:2572 WP No. 100505 of 2025 ORAL ORDER 1. Sri. Sharad V Magadum, learned counsel files power on behalf of the respondent. 2. The petitioner challenges the order passed by the trial Court, wherein the petitioner/accused has been ordered to undergo simple imprisonment for a period of three months, for not depositing the cheque amount. 3. Learned counsel for respondent submitted that the entire amount has been deposited by the petitioner. 4. Submission is placed on record. In view of the same, the impugned order is not legally sustainable. 5. Accordingly, the petition is allowed. The impugned order dated 24.12.2024 passed in CC No.102/2018 on the file of learned Senior Civil Judge and JMFC, Haliyal, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 76