- 1 - HC-KAR NC: 2025:KHC:26740 CRL.P No. 8202 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8202 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: DR. CHAITHANYA W/O NISHANTH AGED ABOUT 33 YEARS R/AT NO.390, 17TH B MAIN ROAD 15TH CROSS ROAD, 4TH SECTOR HSR LAYOUT, BENGALURU-560 102. …PETITIONER (BY SRI. MITHUN G A., ADVOCATE) AND: SMT. RADHA W/O K. VENKATAPATHI AGED ABOUT 56 YEARS R/AT NO.62 HORAMAVU AGARA MAIN ROAD NEAR YUVALOKHA SCHOOL VADDARPALYA, KAVERI NAGAR KALYANANAGAR BENGALURU-560 043. …RESPONDENT (BY SRI. JAYARAJ GOWDA M N., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ORDER DATED 16.11.2023 IN C.C.NO.51355/2023 PASSED BY THE LD. XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU VIDE ANNEXURE-A AND CONSEQUENTLY, QUASH THE ORDER DATED 03.06.2025 AND RECALL THE FLW ISSUED AGAINST THE PETITIONER IN C.C.NO.51355/2023 BY THE LD. Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26740 CRL.P No. 8202 of 2025 XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU VIDE ANNEXURE B., ETC. 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 In this petition, the petitioner seeks the following reliefs: a) Pass an order or direction to quash the Order dated 16.11.2023 in C.C.No.51355/2023 passed by the Ld. XXXIV Addl. Chief Metropolitan Magistrate, Bengaluru, vide Annexure-A and consequently, quash the order dated 03.06.2025 and recall the FLW issued against the Petitioner in C.C.No.51355/2023 by the Ld. XXXIV Addl. Chief Metropolitan Magistrate, Bengaluru, vide Annexure-B; b) Pass an order or direction to relax the condition imposed by the Ld. XXXIV Addl. Chief Metropolitan Magistrate, Bengaluru in C.C.No.51355/2023 vide order dated 03.06.2025, mandating the Petitioner to be present before the Ld. Magistrate Court on every date of hearing (vide Annexure-B); c) Pass any such order as this Hon'ble Court deems fit in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:26740 CRL.P No. 8202 of 2025 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record would indicate that the respondent/complainant instituted the aforesaid proceedings in C.C.No.51355/2023 against the petitioner for the alleged offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I.Act'). In the said proceedings, the respondent/ complainant having filed an application for interim compensation under Section 143A of the N.I. Act. The Trial Court proceeded to pass the impugned order dated 16.11.2023 directing the petitioner/accused to deposit 10% of the cheque amount i.e., Rs.1,50,000/- within a period of 60 days from the date of the order. Aggrieved by the impugned order, the petitioner is before this Court by way of present petition. 4. When the matter came up before this Court on 17.06.2025, following interim order was passed: "Heard. Issue emergent notice to the respondent returnable by 11.07.2025. - 4 - HC-KAR NC: 2025:KHC:26740 CRL.P No. 8202 of 2025 Counsel for the petitioner is also permitted to serve the notice on the counsel appearing for the respondent before the trial court. In the meanwhile, there shall be an interim order of stay as prayed for by the petitioner, subject to the petitioner depositing a sum of Rs.One lakh before the trial court in C.C.No.51355/2023 on or before 10.07.2025. Re-list on 11.07.2025. Liberty is reserved in favour of respondent to seek vacation / modification of this order." 5. In pursuance of the above said interim order, the petitioner has already deposited Rs.1,00,000/- before the Trial Court. 6. Learned counsel for the petitioner submits that the petitioner has no objection for the respondent to withdraw Rs.1,00,000/- (Rupees One Lakh only) deposited before the Trial Court, which would be subject to the final outcome of the proceedings and the impugned order directing deposit of 10% of the cheque amount may be set aside and the Trial Court may be directed to dispose of the proceedings within a stipulated time frame. - 5 - HC-KAR NC: 2025:KHC:26740 CRL.P No. 8202 of 2025 7. Per contra, learned counsel for the respondent submits that the impugned order may be set aside by permitting the respondent to withdraw Rs.1,00,000/- (Rupees One Lakh only) deposited by the petitioner and directing the Trial Court to dispose of the proceedings within a stipulated time frame. 8. In view of the aforesaid facts and circumstances and joint submission made by both sides, I deem it just and appropriate to set aside the impugned order and dispose of the petition by issuing certain directions. 9. In the result, I pass the following ORDER (i) The petition is hereby disposed of. (ii) The impugned order dated 16.11.2023 passed by the XXXIV Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.51355/2023, directing the petitioner to pay 10% of the cheque is hereby set aside. - 6 - HC-KAR NC: 2025:KHC:26740 CRL.P No. 8202 of 2025 (iii) The Trial Court is directed to release/disburse Rs.1,00,000/- (Rupees One Lakh only) deposited by the petitioner in favour of the respondent forthwith and without any delay. (iv) The Trial Court is directed to dispose of the proceedings within a period of one year from the date of receipt of certified copy of this order. (v) All rival contentions and aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE PMR List No.: 1 Sl No.: 32