- 1 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102498 OF 2023 C/W CRIMINAL PETITION NO. 102500 OF 2023 CRIMINAL PETITION NO. 101287 OF 2024 & CRIMINAL PETITION NO. 101315 OF 2024 (482(CR.PC)/528(BNSS)) IN CRL.P. 102498 OF 2023: BETWEEN: 1. M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, NO.14A/B, 2 MAIN, WALI ARCARE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580 030. AND M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, C/O. S.R. PATIL AND SMT. S.S. PATIL, ISHWAR SADAN, GANGANAVAR HOUSE, 1ST MAIN, 2ND CROSS, OPPOSITE LIFELINE CLINIC, SAI NAGAR, NEAR SAI NAGAR CIRCLE, UNKAL, TQ. HUBBALLI, DIST. DHARWAD-580 030. AND M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 C/O. S.R. PATIL AND SMT. S.S. PATIL, PRUTHVI PARADISE RESTAURANT, SMT. LAKSHMI BUSENS SECTOR, GROUND FLOOR, NEAR NEW COURT COMPLEX, HOSUR, TQ. HUBBALLI, DIST. DHARWAD-580 021. 2. SHIVANAGOUDA S/O RUDRAGOUDA PATIL, AGE. 48 YEARS, OCC. PARTNER, PRUTHVI DEVELOPERS AND BUILDERS, HUBBALLI, R/O. NO.14A/B, 2ND MAIN, WALI ARCADE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 030. 3. SMT. SUSHMA W/O SHIVANGOUDA PATIL, AGE. 42 YEARS, OCC. PARTNER, PRUTHVI DEVELOPERS AND BUILDERS, HUBBALLI, R/O. NO.14A/B, 2ND MAIN, WALI ARCADE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 030. … PETITIONERS (BY SRI. JAGADISH PATIL AND SRI. M.L. VANTI, ADVOCATES FOR SRI. V.M. SHEELVANT, ADVCOATE) AND: RAVI S/O SHIVAYOGAPPA BARGUNDI, AGE. 62 YEARS, OCC. ADVOCATE, R/O. 83, MATA VISHALAKSHI, SECTOR NO.63A, BRINDAVAN COLONY, NAVANAGAR, TQ. AND DIST. BAGALKOT-5871034, REPRESENTED BY HIS GPA HOLDER, KIRANKUMAR S/O YALLAPPA NIRANJAN, AGE. 37 YEARS, OCC. ADVOCATE, R/O. OPPOSITE TO YELLAMMA DEVI TEMPLE, GADDANKERI CROSS, BAGALKOT, TQ. AND DIST. BAGALKOT-587 101. … RESPONDENT (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.351/2023 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, BAGALKOT FOR OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT WITH RESPECT TO THE PETITIONERS/ ACCUSED NO.1-3, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL. P. NO. 102500 OF 2023: BETWEEN: 1. M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, NO.14A/B, 2 MAIN, WALI ARCARE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580 030. AND M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, C/O. S.R. PATIL AND SMT. S.S. PATIL, ISHWAR SADAN, GANGANAVAR HOUSE, 1ST MAIN, 2ND CROSS, OPPOSITE LIFELINE CLINIC, SAI NAGAR, NEAR SAI NAGAR CIRCLE, UNKAL, TQ. HUBBALLI, DIST. DHARWAD-580 030. AND M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, C/O. S.R. PATIL AND SMT. S.S. PATIL, PRUTHVI PARADISE RESTAURANT, SMT. LAKSHMI BUSENS SECTOR, GROUND FLOOR, NEAR NEW COURT COMPLEX, HOSUR, TQ. HUBBALLI, DIST. DHARWAD-580 021. - 4 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 2. SHIVANAGOUDA S/O RUDRAGOUDA PATIL, AGE. 48 YEARS, OCC. PARTNER, PRUTHVI DEVELOPERS AND BUILDERS, HUBBALLI, R/O. NO.14A/B, 2ND MAIN, WALI ARCADE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 030. 3. SMT. SUSHMA W/O SHIVANGOUDA PATIL, AGE. 42 YEARS, OCC. PARTNER, PRUTHVI DEVELOPERS AND BUILDERS, HUBBALLI, R/O. NO.14A/B, 2ND MAIN, WALI ARCADE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 030. … PETITIONERS (BY SRI. JAGADISH PATIL AND SRI. M.L. VANTI, ADVOCATES FOR SRI. V.M. SHEELVANT, ADVCOATE) AND: RAVINDRANATH S/O. KASHINATH GAMASTE, AGE. 66 YEARS, OCC. BUSINESS, R/O. HOUSE NO.235/2A, WARD NO.11, NEAR RURAL POLICE STATION, LAKSHMINAGAR, TQ. AND DIST. BAGALKOT-587 101. … RESPONDENT (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.326/2023 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, BAGALKOT FOR OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT WITH RESPECT TO THE PETITIONERS/ACCUSED NO. 1-3, IN THE INTEREST OF JUSTICE AND EQUITY. IN CLR.P. NO. 101287 OF 2024: BETWEEN: 1. M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, - 5 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, R/BY ITS PARTNERS, NO.14A/B, 2 MAIN, WALI ARCARE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580 030. 2. SHIVANAGOUDA S/O RUDRAGOUDA PATIL, AGE. 48 YEARS, OCC. PARTNER, PRUTHVI DEVELOPERS AND BUILDERS, HUBBALLI, R/O. NO.14A/B, 2ND MAIN, WALI ARCADE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 030. 3. SMT. SUSHMA W/O SHIVANGOUDA PATIL, AGE. 42 YEARS, OCC. PARTNER, PRUTHVI DEVELOPERS AND BUILDERS, HUBBALLI, R/O. NO.14A/B, 2ND MAIN, WALI ARCADE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 030. … PETITIONERS (BY SRI. JAGADISH PATIL AND SRI. M.L. VANTI, ADVOCATES FOR SRI. V.M. SHEELVANT, ADVCOATE) AND: SRI. PRASHANT S/O HANUMANT NARAYANKAR, AGE. 36 YEARS, OCC. ADVOCATE, R/O. SECTOR NO.28, NAVNAGAR, TQ. AND DIST. BAGALKOT-587 103. … RESPONDENT (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.362/2023 ON THE FILE OF I/C ADDITIONAL CIVIL JUDGE AND JMFC, BAGALKOT FOR OFFENCES PUNISHABLE UNDER SECTIONS 138 AND 142 OF NI ACT WITH RESPECT TO THE PETITIONERS/ACCUSED NO.1-3, IN THE INTEREST OF JUSTICE AND EQUITY. - 6 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 IN CRL. P. NO. 101315 OF 2024: BETWEEN: 1. M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, NO.14A/B, 2 MAIN, WALI ARCARE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580 030, R/BY PARTNERS. AND M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, C/O. S.R. PATIL AND SMT. S.S. PATIL, ISHWAR SADAN, GANGANAVAR HOUSE, 1ST MAIN, 2ND CROSS, OPPOSITE LIFELINE CLINIC, SAI NAGAR, NEAR SAI NAGAR CIRCLE, UNKAL, TQ. HUBBALLI, DIST. DHARWAD-580 030. AND M/S. PRUTHVI BUILDERS AND DEVELOPERS, HUBLI, PARTNERSHIP FIRM REGISTRATION NO.DWR-F176/2012-13, C/O. S.R. PATIL AND SMT. S.S. PATIL, PRUTHVI PARADISE RESTAURANT, SMT. LAKSHMI BUSENS SECTOR, GROUND FLOOR, NEAR NEW COURT COMPLEX, HOSUR, TQ. HUBBALLI, DIST. DHARWAD-580 021. 2. SHIVANAGOUDA S/O RUDRAGOUDA PATIL, AGE. 48 YEARS, OCC. PARTNER, PRUTHVI DEVELOPERS AND BUILDERS, HUBBALLI, R/O. NO.14A/B, 2ND MAIN, WALI ARCADE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 030. - 7 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 3. SMT. SUSHMA W/O SHIVANGOUDA PATIL, AGE. 42 YEARS, OCC. PARTNER, PRUTHVI DEVELOPERS AND BUILDERS, HUBBALLI, R/O. NO.14A/B, 2ND MAIN, WALI ARCADE, OPPOSITE J.G. COMMERCE COLLEGE, VIDYANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580 030. … PETITIONERS (BY SRI. JAGADISH PATIL AND SRI. M.L. VANTI, ADVOCATES FOR SRI. V.M. SHEELVANT, ADVCOATE) AND: NEELA W/O RAVI BARGUNDI, AGE. 63 YEARS, OCC. RETIRED, R/O. 83, MATA VISHALAKSHI, SECTOR NO.63A, BRIDAVAN COLONY, NAVNAGAR, TQ. AND DIST. BAGALKOT-5871034, REPRESENTED BY HIS GPA HOLDER, KIRANKUMAR S/O YALLASSA NIRANJAN, AGE. 38 YEARS, OCC. ADVOCATE, R/O. OPPOSITE TO YELLAMMA DEVI TEMPLE, GADDANKERI CROSS, BAGALKOT, TQ. AND DIST. BAGALKOT-587 101. … RESPONDENT (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.363/2023 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, BAGALKOT FOR OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT, WITH RESPECT TO THE PETITIONERS/ACCUSED NO.1-3 , IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 8 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The above captioned four criminal petitions are filed by the petitioners, who are prosecuted in the impugned criminal proceedings by the respondents herein for offence punishable under Section 138 of the Negotiable Instruments Act, 1881. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners and learned counsel appearing for respondents jointly submit that dispute between the parties has been amicably settled and the same was reported to this Court on 09.04.2025. They submit that towards the amount covered under the cheques in question, the petitioners had agreed to pay a total sum of ₹65,00,000/- to the respondents. They submit that the said amount of ₹65,00,000/- has been now paid to the respondents by the petitioners. - 9 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 4. Learned counsel for the respondents fairly submits that in Criminal Petition No.101287 of 2024, petitioners were required to pay a sum of ₹5,00,000/- to the respondents and in Criminal Petition No.101315 of 2024, petitioners were required to pay ₹10,00,000/- to the respondents. Inadvertently, they have paid a sum of ₹10,00,000/- to the respondents in Criminal Petition No.101287 of 2024 and a sum of ₹5,00,000/- to the respondents in Criminal Petition No.101315 of 2024. The concerned respondents have inter se adjusted the said payments. 5. The said submission made by learned counsel for the respondents is placed on record. 6. In the order dated 09.04.2025, this Court has observed as follows: “Both learned counsel submit that matter is settled for Rs.65,00,000/-. Further submit that the schedule of payment of the said amount is as under: - 10 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 In Crl.P. No.102498/2023: 1) Payment on or before 10.05.2025 for an amount of Rs.20,00,000/- in favour of respondent. 2) Payment on or before 10.06.2025 for an amount of Rs.15,00,000/- in favour of respondent. In Crl.P. No.101315/2024: Payment on or before 10.07.2025 for an amount of Rs.10,00,000/- in favour of respondent. In Crl.P. No.101287/2024: Payment on or before 10.07.2025 for an amount of Rs.5,00,000/- in favour of respondent. In Crl.P. No.102500/2023: Payment on or before 10.08.2025 for an amount of Rs.15,00,000/- in favour of respondent.” 7. Learned counsel for the parties jointly submit that the agreed payment as found in the order dated 09.04.2025 has been paid by the petitioners to the respective respondents in the above captioned four cases. - 11 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 Receipt of payment as stated in order dated 09.04.2025 is acknowledged by learned counsel for respondents. 8. Under the circumstances, I am of the opinion that prayer made by the petitioners in the above captioned four petitions needs to be granted. Accordingly, the following: ORDER i. Criminal Petitions are allowed. ii. The entire proceedings in C.C. No.351/2023 pending before the Court of Principal Civil Judge and JMFC, Bagalkote for offence punishable under Section 138 of Negotiable Instruments Act as against petitioners in Criminal Petition No.102498 of 2023 is quashed. iii. The entire proceedings in C.C. No.326/2023 pending before the Court of Principal Civil Judge and JMFC, Bagalkote for offence punishable under Section 138 of Negotiable Instruments Act as against petitioners in Criminal Petition No.102500 of 2023 is quashed. - 12 - HC-KAR NC: 2025:KHC-D:12970 CRL.P No. 102498 of 2023 C/W CRL.P No. 102500 of 2023 CRL.P No. 101287 of 2024 & CRL.P No. 101315 of 2024 iv. The entire proceedings in C.C. No.362/2023 pending before the Court of Additional Civil Judge and JMFC, Bagalkote for offences punishable under Sections 138 and 142 of Negotiable Instruments Act as against petitioners in Criminal Petition No.101287 of 2024 is quashed. v. The entire proceedings in C.C. No.363/2023 pending before the Court of Additional Civil Judge and JMFC, Bagalkote for offence punishable under Section 138 of Negotiable Instruments Act as against petitioners in Criminal Petition No.101315 of 2024 is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH/ CT:BCK LIST NO.: 1 SL NO.: 49