- 1 - HC-KAR NC: 2025:KHC:34658 CRL.P No. 12197 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.12197 OF 2025 BETWEEN: 1. SAMPATH RAJU S/O LATE CHANGAMA RAJU AGED ABOUT 60 YEARS R/AT NO.1/21/57, 32ND CROSS 9TH MAIN, 4TH BLOCK JAYANAGAR BENGALURU-560011. …PETITIONER (BY SRI.VISHNUMURTHY, ADVOCATE) AND: 1. RAGHU RAO S/O KRISHAMURTHY RAO AGED ABOUT 42 YEARS R/AT NO.354/1, RANGANATHA KRUPA C T BED, BSK II STAGE 6TH CROSS, JAYANAGAR BENGALURU-560011. …RESPONDENT THIS CRL.P IS FILED U/SEC.482 CR.PC (FILED U/SEC.528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1122/2024 (PCR.NO.1657/2023) FOR AN OFFENCE U/S 138 OF NI ACT WHICH IS PENDING AGAINST HIM, ON THE FILE OF XXII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34658 CRL.P No. 12197 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Having argued the matter at length, when this Court was not inclined to grant any indulgence, learned counsel for the petitioner has sought leave of this Court to withdraw the petition and also sought liberty to raise all the grounds by way of defence. 2. Since the petitioner is prosecuted for the offence punishable under Section 138 of NI Act, the petitioner is entitled to lead rebuttable evidence to demonstrate that there is no existence of legally enforceable debt. With these above observations, the petition stands dismissed. Consequently, I.A.No.1/2025 is also dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 42