- 1 - NC: 2025:KHC:688 CRL.P No. 12138 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12138 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. T. K. MANU S/O. T. R. KRISHNAPPA, AGED ABOUT 40 YEARS, R/AT HOUSE NO. 13, 1ST MAIN, 2ND CROSS, NEAR B.A. TEMPLE, HANUMANTHAPURA, TUMKUR DISTRICT, PIN-572 101. …PETITIONER (BY SRI. LEELADHAR H P. ,ADVOCATE) AND: SRI. N. GOVINDARAJU AGED ABOUT 57 YEARS, S/O. LATE NARASAPPA, R/AT SREE LAKSHMIVENKATESWARA NILAYA, 1ST BLOCK, 1ST MAIN ROAD, 7TH CROSS, KUVEMPUNAGARA, TUMKUR CITY, TUMKUR DISTRICT, PIN-572 101. …RESPONDENT (BY SRI. KIRAN V RON AND MS. SUKRUTHA R., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:688 CRL.P No. 12138 of 2023 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDERS DATED 31.07.2023 PASSED BY THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., TUMAKURU IN PCR.NO.559/2023 AND TAKING COGNIZANCE OF THE OFFENCE P/U/S 138 OF N.I. ACT, NOW PENDING IN C.C.NO.3072/2023 UNDER ANNEXURE-A. 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 The present petition by the petitioner - accused in C.C.No.3072/2023, seeks quashing of the impugned proceedings instituted by the respondent - complainant against the petitioner for the offences said to have been committed under Section 138 of the Negotiable Instruments Act, 1881. Though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that there are several contentious issues and disputed questions of fact that arise for consideration between the parties which necessarily have to be decided after a full fledged trial, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the trial - 3 - NC: 2025:KHC:688 CRL.P No. 12138 of 2023 Court to dispose of the proceedings in accordance with law after providing sufficient and reasonable opportunity to both the parties. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. The petition stands disposed of accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB