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2025 DAILYLAW 46749 (KAR)

DR. JAYASHRI B. BELAGAVI, v. DEEPAK C. ARAMANI,

CRL.P/102966/2025 · 2025-09-16

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12185 CRL.P No. 102966 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102966 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: DR. JAYASHRI B. BELAGAVI, AGE. 40 YEARS, OCC. DOCTOR (DENTIST), R/O. SITE NO.7/8, ELEMENETS LAYOUT, NO.3, II FLOOR, KAIKONDRAHALLI, SARJAPUR MAIN ROAD, TQ. AND DIST. BENGALURU-560 035. … PETITIONER (BY SRI. SHIVA SHIRUR, ADVOCATE) AND: DEEPAK C. ARAMANI, AGE. 46 YEARS, OCC. BUSINESS, R/O. PARVATI NILAYA, OPP. TO AMRUT THEATER, VIDYANAGAR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 021. … RESPONDENT (BY SRI. KUSHAL V. BOLMAL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS PURSUANT TO THE CC NO.4311/2022, PENDING BEFORE LEARNED I ACJ AND JMFC, AT: HUBBALLI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 138 OF NEGOTIABLE INSTRUMENT ACT, INSOFAR AS PETITIONER/ACCUSED IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12185 CRL.P No. 102966 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to quash the impugned order dated 11.07.2025 in CC No.4311/2022 passed by the I Additional Civil Judge and JMFC, Hubballi, wherein non-bailable warrant has been issued as against the petitioner. 2. Learned counsel for the petitioner submits that dispute between the parties was settled and for paying the agreed amount under the settlement, petitioner had gone to her bank to obtain a D.D. Before she returned from the bank, the matter was called before the trial Court and NBW was issued against her. Petitioner is a practicing Doctor and she apprehends arrest in the event, non-bailable warrant is executed against her. 3. Learned counsel appearing for the respondent fairly submits that he has no objection to set aside the order impugned in the present petition subject to the - 3 - HC-KAR NC: 2025:KHC-D:12185 CRL.P No. 102966 of 2025 petitioner appearing in persons before het trial Court and depositing the entire cheque amount of ₹4,00,000/- before the trial Court on the next date of hearing. 4. Learned counsel for the petitioner submits that petitioner shall appear before the Court in-person on the next date of hearing and deposit the entire amount covered under the cheque in question before the trial Court on the next day of hearing. 5. The submissions made on both sides is placed on record. 6. Under the circumstances, the following: ORDER The criminal petition is allowed. The order dated 11.07.2025 in CC No.4311/2022 passed by the I Additional Civil Judge and JMFC, Hubballi, is set aside. - 4 - HC-KAR NC: 2025:KHC-D:12185 CRL.P No. 102966 of 2025 Petitioner is directed to appear before the trial Court in person on the next date of hearing and deposit the amount covered in question. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 104