- 1 - HC-KAR NC: 2025:KHC-K:7655 CRL.P No. 201321 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.201321 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. AMARESH S/O MALLAYYA VIRAKTHAMATH, AGE ABOUT 37 YEARS, OCC: BUSINESS, R/O DEVINAGAR, SHAHAPUR CITY, TQ. SHAHAPUR DIST. YADGIR-585222. …PETITIONER (BY SRI. SHRAVANKUMAR MATH, FOR S. S. HIREMATH, ADVOCATES) AND: SRI. SHREESHAIL S/O BHEEMSHA TELI, AGED ABOUT 49 YEARS, OCC: ASSISTANT TEACHER GOVT. SCHOOL LONI (B.K) TQ.CHADACHAN, DIST.VIJAYAPURA NOW AT R/O GOVT. HIGHER PRIMARY SCHOOL, B.N.TANDA UKKINAL, POST UKKINAL TQ.SHAHAPUR, DIST.YADGIR-585223 …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (OLD), UNDER SECTION 528 OF BNSS (NEW), PRAYING TO ALLOW THIS PETITION BY QUASHING ORDER OF Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:7655 CRL.P No. 201321 of 2025 DISMISSAL FOR NON-PROSECUTION DATED 01.04.2025 IN C.C.NO.1772/2023 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC AT SHAHAPUR FURTHER TO RESTORE THE SAME TO ITS ORIGINAL FILE IN CC NO.1772/2023 ON THE FILE OF THE COURT OF CIVIL JUDGE AND JMFC AT SHAHAPUR. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), calling in question the order passed by the learned Magistrate dismissing the private complaint instituted under Section 200 of Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, after the appearance of the accused. The dismissal of the complaint at this stage amounts to an acquittal in terms of Section 256 of Cr.P.C. (Section 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Consequently, invocation of the inherent jurisdiction of this Court under Section 482 of Cr.P.C. is not maintainable. In light of the law laid down by the Hon’ble Supreme Court in M/s. Celestium Financial v. A. Gnanasekaran & Others [2025 SCC OnLine - 3 - HC-KAR NC: 2025:KHC-K:7655 CRL.P No. 201321 of 2025 SC 1320], the petitioner has an efficacious alternative statutory remedy of filing an appeal under Section 372 of Cr.P.C. before the competent District Court. 2. Accordingly, reserving liberty to the petitioner to avail the said remedy, the petition is dismissed. It is, however, clarified that the period spent in prosecuting the present proceedings before this Court shall stand excluded for the purpose of limitation, by extending the benefit under Section 14 of the Limitation Act, 1963. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 7 CT:SI