Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1420 CRL.P No. 13197 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13197 OF 2024 BETWEEN:
SRI C SATISHA, S/O LATE CHENNAPPA, AGED ABOUT 50 YEARS R/A NO.711, 27TH MAIN ROAD, 18TH CROSS, J P NAGAR, MYSURU-577031 …PETITIONER
(BY SRI M B CHANDRACHOODA, ADVOCATE)
AND:
SRI VENKATESHMURTHY T, S/O THIMMAPPA, AGED ABOUT 61 YEARS, R/A NO.26/3, 1ST CROSS, JAYAMARUTHINAGAR, NANDINI LAYOUT BENGALURU-560 096. …RESPONDENT
(BY SRI VINAY MAHADEVIAH, HCGP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE PCR NO.10160/2018 IN C.C.NO.19024/2019 FOR AN OFFENCE P/U/S 138 OF N.I ACT PENDING ON THE FILE OF XV A.C.J.M BENGALURU.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
Digitally signed by NANDINI R Location: High Court of Karnataka
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NC: 2025:KHC:1420 CRL.P No. 13197 of 2024
ORAL ORDER
The petitioner/accused in C.C.No.19024/2019 seeks quashing of the impugned proceedings filed by the respondent/complainant which are currently pending on the file of the XV Additional Chief Judicial Magistrate, Bengaluru.
2.
Learned counsel for the petitioner submits that the complaint filed by the respondent/complainant is not maintainable on various ground including limitation, non-enforceable debt, time barred debt and non-service of notice etc., and consequently, the impugned proceedings deserve to be quashed.
3. Though several contentions have been urged by the petitioner in support of their claim, having regard to the undisputed fact that the proceedings arose out of a private complaint filed in the year 2018 converted as C.C.No.19024/2019, the matter being posted for evidence before the trial Court, in the facts and circumstances of the instance case, I deem it appropriate to dispose of the petition reserving liberty in favour of the petitioner to urge all contentions, defences etc., before the trial Court which has provide sufficient and reasonable opportunity to the petitioner and proceed further in accordance with law.
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NC: 2025:KHC:1420 CRL.P No. 13197 of 2024
4. Subject to the aforesaid liberty, petition stands
disposed off.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
NR/- List No.: 1 Sl No.: 55