- 1 - HC-KAR NC: 2025:KHC:35508 CRL.P No. 12390 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12390 OF 2025 BETWEEN: NIRANJAN C JAIN AGED ABOUT 36 YEARS, S/O. CHANDRARAJ S., FLAT NO. 1306, 13TH FLOOR, MANTRI TRANQUIL, GUBBALALA VILLAGE, UTTARAHALLI HOBLI, BENGALURU-560061. …PETITIONER (BY SRI. SHIVAYOGESHA SHIVAYOGIMATH, ADVOCATE) AND: H L ASHOK AGED ABOUT 43 YEARS, S/O. LATE H S LANKE GOWDA, R/AT. NO. 13/14, 5TH MAIN, NEW KEMPEGOWDA LAYOUT, KATHRIGUPPE, BENGALURU-560085. …RESPONDENT THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.9275/2024 ON THE FILE OF THE XVI ADDL. CJM BENGALURU CITY. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35508 CRL.P No. 12390 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is challenging the proceedings initiated in Crl.Misc.No.9275/2024 filed under Sections 461 and 471 of BNNS, 2023(Sections 421 and 431 of Cr.P.C.). 2. The petitioner who is the accused is seeking quashing of the proceedings apart from challenging the fine levy warrant issued to the petitioner post registration of criminal miscellaneous petition. The primary objection of the petitioner is that in view of the joint memo filed by the parties and settlement recorded therein, the complainant cannot seek issuance of fine levy warrant against the petitioner, on the ground that cheques are returned unpaid. Therefore petitioner/accused contends that the miscellaneous petition filed and Sections 461 and 471 of BNSS 2023 is not maintainable. - 3 - HC-KAR NC: 2025:KHC:35508 CRL.P No. 12390 of 2025 3. Having heard the learned counsel this Court has given its anxious consideration to the records. 4. Perusal of the records, it is clearly evident that based on the joint memo filed by the complainant and the present petitioner herein, the learned Magistrate passed an order of sentence in CC No. 26903/2018. This Court deems it fit to extract the operative portion of the order, which reads as under: "ORDER Acting U/sec.264 of Cr.P.C. the accused is convicted for the offence punishable U/sec.138 of Negotiable Instruments Act. The accused is sentenced to pay a fine of Rs.60,00,000/= (Rupees Sixty Lakhs only Thousand only) to the complainant. The accused shall pay fine of. Rs.60,00,000/- to the complainant in two installments at the rate of Rs.30,00,000/- each by way of cheque bearing each No.000988 dt:1.5.2024 for Rs. 30,00,000/- cheque bearing No.000989 dt:1.6.2024 for Rs.30,00,000/- without fail. In the event of the accused failed to pay fine amount within stipulated period, the complainant is at liberty to - 4 - HC-KAR NC: 2025:KHC:35508 CRL.P No. 12390 of 2025 recover the same as if fine as contemplated under the provisions of Sec.421 R/W Sec.431 of Cr.P.C, The Bail bond and surety bond of the accused stands cancelled forthwith. Office is directed to furnish the free certified copy of this judgment to the Accused forthwith in compliance of Sec.363(1) of Cr.P.C." 5. On perusal of the operative portion of the order, it is evident that the respondent/complainant had filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973, alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Pending consideration of the proceedings in C.C. No.26903/2018, the petitioner herein, in consultation with the complainant, executed a joint memorandum of understanding, wherein the petitioner agreed to repay the sum of Rs.60,00,000/- (Rupees Sixty Lakh only) on or before 01.06.2024. As part of the compromise, the petitioner also issued cheques in favour of the complainant as security for the repayment. - 5 - HC-KAR NC: 2025:KHC:35508 CRL.P No. 12390 of 2025 6. Despite waiting until the stipulated date, the complainant appears to have presented the cheques, which were subsequently returned dishonoured with the endorsement “insufficient funds.” This compelled the complainant to initiate proceedings by filing a Civil Miscellaneous Petition under Sections 461 and 471 of the BNSS, 2023, seeking recovery of the amount. The operative portion of the earlier order expressly reserved liberty to the complainant to seek recovery of the amount as if a fine, as contemplated under Section 421 read with Section 431 of the Cr.P.C. 7. In light of the petitioner’s subsequent default, the complainant is fully entitled to pursue a criminal miscellaneous petition to recover the outstanding sum. Any intervention at this stage to quash the proceedings would amount to undue indulgence, resulting in abuse of the process of law and causing a miscarriage of justice. It is further evident that the complainant is legally entitled to recover a substantial amount of Rs.60,00,000/-, and the - 6 - HC-KAR NC: 2025:KHC:35508 CRL.P No. 12390 of 2025 petitioner, having entered into a compromise through a joint memo, has misused the concession granted by the complainant. 8. In view of the foregoing, this Court is not inclined to quash the proceedings, and no grounds are made out to interfere with the matter at this stage. Accordingly, the petition is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 59