- 1 - NC: 2025:KHC-D:5689 CRL.P No. 101042 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 101042 OF 2025 BETWEEN: SHRI. MALAKARI S/O. KALLAPPA PANDECHERI, AGE: 35 YEARS, OCC: BUSINESS, R/O: BEHIND POLICE STATION, JAIN GALLI, SAVALAGI, TQ: JAMAKHANDI, DIST: BAGALKOT, PIN – 587 330. …PETITIONER (BY SRI. RAKESH S. HATTIKATAGI, ADVOCATE) AND: SHRI. MADAPPA S/O. GANGAPPA HALINGALI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: TOTADA MANE SANAL, TQ: JAMAKHANDI, DIST: BAGALKOT, PIN – 587 301. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS IN C.C. NO. 1350/2022 (ARISING OUT OF P.C. NO. 82/2022) AT ANNEXURE - G PENDING BEFORE PRL. CIVIL JUDGE AND JMFC JAMAKHANDI FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 138 AND 142 OF NEGOTIABLE INSTRUMENTS ACT, TO MEET THE ENDS OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5689 CRL.P No. 101042 of 2025 CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner/accused under Section 528 of Bharatiya Nagarika Suraksha Sanhita (hereinafter referred to as ‘BNSS’, for short) praying to quash the entire proceedings in C.C.No.1350/2022 pending on the file of Prl. Civil Judge and JMFC, Jamakhandi, registered for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘138 of N.I. Act’, for short). 2. The respondent/complainant has initiated proceedings against the petitioner/accused in C.C.No.1350/2022 pending on the file of Prl. Civil Judge and JMFC, Jamakhandi for offence under Section 138 of N.I. Act in respect of cheque for Rs.8,25,000/- dated 07.02.2022 drawn by the petitioner in favour of the respondent. The proceedings of the said criminal case are sought to be quashed in the present petition. Memorandum of compromise petition under Section 528 of - 3 - NC: 2025:KHC-D:5689 CRL.P No. 101042 of 2025 BNSS and Section 147 of N.I. Act is filed and it is signed by petitioner and respondent and their respective counsels. 3. The terms of settlement are as under: “A. The Complainant has agreed not to proceed with the C.C. No. 1350/2022 pending before Learned Prl. Civil & JMFC Court, Jamkhandi for the offences punishable under sections 138 and 142 of N.1. Act. B. The Complainant withdraws all the allegations against the Petitioner and submits that, he has no claims of whatsoever nature against the Petitioner. C. The Petitioner has agreed to pay total amount of Rs. 3,25,000/- (three lakh twenty five thousand rupees) within a period of six months in three instalments i.e., on 31.05.2025 he will pay an amount of Rs. 75,000/-(seventy five thousand rupees only), on 31.07.2025 he will pay an amount of Rs. 75,000 (seventy five thousand rupees only) and on 30.09.2025 he will pay an amount of Rs. 1,75,000/- (one lakh seventy five thousand rupees only). D. In case the Petitioner fails to comply with the terms and conditions of this compromise Petition, then he is liable to be punished in accordance with law as per provisions of 138 of NI Act.” - 4 - NC: 2025:KHC-D:5689 CRL.P No. 101042 of 2025 4. The said compromise petition is enclosed with affidavits of petitioner and respondent. The petitioner and respondent are present. Both admit the terms of compromise noted in memorandum of compromise petition. 5. In view of the above settlement, the offence under Section 138 of N.I. Act is compounded. In view of compounding of the offence, the proceedings in C.C.No.1350/2022 are ordered to be closed as offence compounded. Accordingly, the petition is disposed off. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM/CT-ASC List No.: 1 Sl No.: 31