- 1 - NC: 2025:KHC:7336 CRL.P No. 11665 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11665 OF 2023 BETWEEN: SRI SOWSA INFRASTRUCTURES EKAMBALLI VILLAGE, SHILLANGERE POST, HUTHUR HOBLI, BANGARPET ROAD, KOLAR TALUK AND DISTRICT REP BY ITS PARTNER, SRI NARASIMHAPPA V M., S/O VENKATARAVANAPPA, AGED ABOUT 48 YEARS, R/AT EKAMBALLI VILLAGE, KASABA HOBLI, SHILLANGERE POST, BANGARPET ROAD, KOLAR TALUK AND DISTRICT. …PETITIONER (BY SRI. NARASIMHA MURTHY L., ADVOCATE) AND: 21ST CASTLE VENTURES PVT LTD PROPRIETOR AND AUTHORISED SIGNATORY, TOUSIF ILIYAZ BAIG S/O ABDUL WAJEED BAIG AGED ABOUT 42 YEARS, OFFICE ADDRESS NO.37, ADAMS CORNER 3RD FLOOR, COLES ROAD FRAZER TOWN, BANGALORE - 560 005. …RESPONDENT (BY SRI. PRAJWAL K. ARADHYA, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO 1) SET ASIDE THE ORDER DATED 22.06.2023 PASSED IN C.C.NO.115/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AT KOLAR, ANNEXURE-E. 2) RESTORE THE PROCEEDINGS IN C.C.NO.115/2021, ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM AT KOLAR.3) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7336 CRL.P No. 11665 of 2023 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 complainant in C.C.No.115/2021 on the file of the Principal Senior Civil Judge and CJM, Kolar [for short, 'the trial Court'] is directed against the impugned order dated 22.06.2023 whereby, the application filed by the respondent - accused under Section 204 of Cr.P.C to drop the proceedings as against it, was allowed by the trial Court. 2. Heard learned counsels for the parties and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner - complainant instituted the aforesaid proceedings against the respondent - accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 [for short, 'the NI Act']. The respondent - accused having entered appearance in the said proceedings, filed the instant application seeking dropping of the proceedings as against it inter alia urging various factual and legal grounds for the purpose of dropping the proceedings as against it. The said application having been opposed by the petitioner - complainant, the trial Court proceeded to pass the - 3 - NC: 2025:KHC:7336 CRL.P No. 11665 of 2023 impugned order allowing the application and dropping the proceedings as against the respondent and as such, the petitioner is before this Court by way of the present petition. 4. A perusal of the averments made in the application filed by the respondent - accused will clearly indicate that the said allegations and claim having been denied and disputed by the petitioner, several contentious issues and disputed questions of law and fact would arise for consideration, which would necessarily have to be decided only after a full fledged trial. So also the objections urged by the respondent - accused as regards the maintainability of the complaint filed by the petitioner on various factual and legal grounds, would also necessarily have to be decided by the trial Court after providing sufficient and reasonable opportunity to both the parties. In other words, the respondent having entered appearance, is entitled to put forth all its defenses in the proceedings before the trial Court and the same cannot be dropped on an application filed by the respondent under Section 204 of Cr.P.C., which is impermissible in law in relation to the proceedings under Section 138 of the NI Act. 5. Under these circumstances, though several contentions have been urged by both sides in support of their - 4 - NC: 2025:KHC:7336 CRL.P No. 11665 of 2023 respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and dispose of the application filed by the respondent - accused under Section 204 of Cr.P.C by directing the trial Court to consider and dispose of the proceedings after considering all the rival contentions of both the parties on all aspects of the matter. 6. Hence, the following: ORDER i. The petition is hereby allowed. ii. The impugned order dated 22.06.2023 passed in C.C.No.115/2021 on the file of the Principal Senior Civil Judge and CJM, Kolar is set aside. iii. The application filed by the respondent - accused under Section 204 of Cr.P.C is disposed of directing the trial Court to provide opportunity to both sides to adduce both oral and documentary evidence and dispose of the proceedings in accordance with law. iv. The parties are directed to appear before the trial Court on 10.03.2025 without awaiting further notice from the trial Court. - 5 - NC: 2025:KHC:7336 CRL.P No. 11665 of 2023 v. The trial Court is directed to dispose of the proceedings within a period of six [6] months from 10.03.2025. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB