- 1 - HC-KAR NC: 2025:KHC-D:10812 CRL.P No. 103026 of 2025 C/W CRL.P No. 103027 of 2025 CRL.P No. 103029 of 2025 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103026 OF 2025 (482(Cr.PC)/528(BNSS)-) C/W CRIMINAL PETITION NO. 103027 OF 2025 CRIMINAL PETITION NO. 103029 OF 2025 CRIMINAL PETITION NO. 103030 OF 2025 IN CRIMINAL PETITION NO. 103026 OF 2025 BETWEEN: 1. SHRIRAM S/O BASAPPA SHINDE AGE. 60 YEARS, OCC. BUSINESS (BAR AND RESTAURANT) R/O. BESIDE SAINT MAIRY’S SCHOOL, HEALTH CAMP, BETAGERI-GADAG-582101 TQ.DIST. GADAG. …PETITIONER (BY SRI. C.S. SHETTAR, ADV) AND: 1. M.S. MURALI S/O M.K. SHALLAPILLE AGE. 43 YEARS, OCC. BUSINESS R/O. # KUMARVYAS COMPLEX STATION ROAD, GADAG-582101 TQ. /DIST. GADAG. …RESPONDENT (BY SRI. D. KISHORE KUMAR, ADV) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ADMIT AND ALLOW THE PETITION THEREBY SETTING ASIDE THE ORDER DATED 15.07.2025 ON APPLICATION FILED U/S 91 OF CR.P.C. IN CC NO.1298/2023 ON THE FILE OF I ADDL.CIVIL JUDGE AND JMFC I COURT AT GADAG VIDE ANNEXURE-F. IN CRIMINAL PETITION NO. 103027 OF 2025 BETWEEN: 1. SHRIRAM S/O. BASAPPA SHINDE, AGE. 60 YEARS, OCC. BUSINESS, (BAR AND RESTAURANT), R/O. BESIDE SAINT MARY’S SCHOOL, HEALTH CAMP, BETAGERI-GADAG-582101, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10812 CRL.P No. 103026 of 2025 C/W CRL.P No. 103027 of 2025 CRL.P No. 103029 of 2025 AND 1 OTHER TQ. / DIST. GADAG. …PETITIONER (BY SRI. C.S. SHETTAR, ADV) AND: 1. D. KISHORE KUMAR S/O. D. MASTANAIAH, AGE. 35 YEARS, OCC. ADVOCATE, R/O. #KUMARVYAS COMPLEX, STATION ROAD, GADAG-582101 TQ / DIST. GADAG. …RESPONDENT (BY SRI. D. KISHORE KUMAR, ADV) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ADMIT AND ALLOW THE PETITION THEREBY SETTING ASIDE THE ORDER DATED 15.07.2025 ON APPLICATION FILED U/S 91 OF CR.P.C. IN CC NO.1225/2023 ON THE FILE OF I ADDL.CIVIL JUDGE AND JMFC I COURT AT GADAG VIDE ANNEXURE-F. IN CRIMINAL PETITION NO. 103029 OF 2025 BETWEEN: 1. SHRIRAM S/O BASAPPA SHINDE AGE. 60 YEARS, OCC. BUSINESS (BAR AND RESTAURANT) R/O. PALA BADAMI ROAD, OPPOSIT HUILGOL ROAD, BETAGERI-GADAG-582101 TQ.DIST. GADAG …PETITIONER (BY SRI. C.S. SHETTAR, ADV) AND: 1. VASANTKUMAR S/O HANAMANTAPPA VEERAPUR AGE. 43 YEARS, OCC. TEACHER R/O. GANDHI NAGAR GADAG-582101, TQ./DIST. GADAG. …RESPONDENT (BY SRI. D. KISHORE KUMAR, ADV) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ADMIT AND ALLOW THE PETITION THEREBY SETTING ASIDE THE ORDER DATED 15.07.2025 ON APPLICATION FILED U/S 91 OF CR.P.C. IN CC NO.1314/2023 ON THE FILE OF I ADDL.CIVIL JUDGE AND JMFC I COURT AT GADAG VIDE ANNEXURE-F. - 3 - HC-KAR NC: 2025:KHC-D:10812 CRL.P No. 103026 of 2025 C/W CRL.P No. 103027 of 2025 CRL.P No. 103029 of 2025 AND 1 OTHER IN CRIMINAL PETITION NO. 103030 OF 2025 BETWEEN: 1. SHRIRAM S/O BASAPPA SHINDE AGE. 60 YEARS, OCC. BUSINESS (BAR AND RESTAURANT) R/O. BESIDE SAINT MAIRY’S SCHOOL, HEALTH CAMP, BETAGERI-GADAG-582101 TQ. /DIST. GADAG. …PETITIONER (BY SRI. C.S. SHETTAR, ADV) AND: 1. M.S. MURALI S/O M .K. SHALLAPILLE AGE. 43 YEARS, OCC. BUSINESS R/O. # KUMARVYAS COMPLEX STATION ROAD, GADAG-582101 TQ./DIST. GADAG …RESPONDENT (BY SRI. D. KISHORE KUMAR, ADV) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ADMIT AND ALLOW THE PETITION THEREBY SETTING ASIDE THE ORDER DATED 15.07.2025 ON APPLICATION FILED U/S 91 OF CR.P.C. IN CC NO.1713/2023 ON THE FILE OF I ADDL.CIVIL JUDGE AND JMFC I COURT AT GADAG VIDE ANNEXURE-D. ABOVE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. The question involved and the petitioner in these four petitions are common. Therefore, with consent of learned counsels appearing on both sides, the petitions are heard together and disposed of by this common order. - 4 - HC-KAR NC: 2025:KHC-D:10812 CRL.P No. 103026 of 2025 C/W CRL.P No. 103027 of 2025 CRL.P No. 103029 of 2025 AND 1 OTHER 2. Heard the learned counsel for the parties. 3. The petitioner is being prosecuted for offence punishable under Section 138 of Negotiable Instruments Act, (N.I.Act) in the following cases before the Court of I Additional Civil Judge and J.M.F.C., I, Court, Gadag: (i) C.C.No.1298/2023, (ii) C.C.No.1295/2023, (iii) C.C.No.1314/2023 and (iv) C.C.No.1713/2023 4. The respondents herein are complainants in the said proceedings. The petitioner had filed four separate applications under Section 91 of Cr.P.C. before the trial Court in the aforementioned proceedings, seeking an order directing the complainants to produce their bank account statements for the financial years 2022-2023 and 2023-2024. 5. The said application was opposed by the complainants, and trial Court, by the impugned order, which - 5 - HC-KAR NC: 2025:KHC-D:10812 CRL.P No. 103026 of 2025 C/W CRL.P No. 103027 of 2025 CRL.P No. 103029 of 2025 AND 1 OTHER is challenged in these petitions, rejected the application. It is under these circumstances the petitioner is before this Court. 6. Learned counsel for the petitioner submits that there is a specific averment in the complaints that the amount covered under the cheque in question, which was allegedly borrowed by the petitioner from the respondent, was transferred from the complainants’ bank account to the petitioner’s bank account. 7. It is under these circumstances, an application under Section 91 of Cr.P.C. was filed, seeking to summon the complainants bank account statements. The trial Court, without appreciating the same has rejected the application. 8. Learned counsel appearing for the respondents submits that the application filed by the petitioner was at a premature stage. However, he does not dispute that an averment is made in the complaints that the loan amount was transferred from the complainant’s bank account to the - 6 - HC-KAR NC: 2025:KHC-D:10812 CRL.P No. 103026 of 2025 C/W CRL.P No. 103027 of 2025 CRL.P No. 103029 of 2025 AND 1 OTHER petitioner’s bank account. He fairly submits that on the next date of hearing, the bank account statements of the respondents in the aforesaid cases shall be produced before the trial Court. 9. The said submission is placed on record. 10. Accordingly, the following: ORDER (i) The petitions are allowed. (ii) The order dated 15.07.2025 passed in C.C.No.1298/2023, C.C.No.1295/2023, C.C.No.1314/2023 and C.C.No.1713/2023 pending on the file of I Additional Civil Judge and J.M.F.C.,I Court, Gadag, is set-aside. (iii) Consequently, the application filed under Section 91 Cr.P.C. by petitioner in the aforementioned four cases stands allowed. - 7 - HC-KAR NC: 2025:KHC-D:10812 CRL.P No. 103026 of 2025 C/W CRL.P No. 103027 of 2025 CRL.P No. 103029 of 2025 AND 1 OTHER (iv) The respondents in these four cases are directed to produce their Bank account statement for the financial years 2022-2023 and 2023-2024 on the next date of hearing before the trial Court. Sd/- (S.VISHWAJITH SHETTY) JUDGE RHR/- CT: BSB List No.: 1 Sl No.: 65