- 1 - HC-KAR NC: 2025:KHC-D:8242 WP No. 103903 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 103903 OF 2025 (GM-RES) BETWEEN: SRI. RAJU S/O. SHANKAR SHIRAGANVE, AGED 53 YEARS, OCC: ADVOCATE & SOCIAL SERVICE, R/O. VIDYA NAGAR, RAIBAG, DIST. BELAGAVI-591317. …PETITIONER (BY SRI. RAMACHANDRA A. MALI, ADVOCATE) AND: SRI. LAXMI UDAY SHETTI, AGED MAJOR, OCC: BUSINESS, R/O. SHARP COMPUTERS, YASH PLAZA, 2ND FLOOR, CIVIL HOSPITAL ROAD, BELAGAVI-01. …RESPONDENT (NOTICE TO RESPONDENT DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, R/W. SECTION 528 OF BNNS 2023 (SECTION 482 OF CR.P.C,) PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE NATURE DIRECTING THE JMFC-II COURT BELAGAVI TO PROCEED FURTHER AND PASS SUITABLE ORDER/S IN PCR NO. 66/2022 REGISTERED FOR THE OFFENCES PUNISHABLE U/S.420, 465, 468 R/W. 34 OF IPC FILED BY THE PETITIONER HEREIN IN ACCORDANCE WITH THE LAW IN THE INTEREST OF THE JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8242 WP No. 103903 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Learned counsel for the petitioner has filed a memo for dispensation of notice to the respondent. The contents of the memo are as under: “The petitioner above named submits as under:- That the petitioner in the above case seeking a direction directing the JMFC-II Court Belagavi to proceed further and pass suitable order/s in Private Complaint bearing PCR No.66/2022 filed by the petitioner herein in accordance with law. The petitioner submits the respondent herein is the accused before the JFMC-II Court Belagavi in PCR No.66/2022 whrerein the Learned Magistrate has not yet taken cognizance or issued summons to the respondent in the private complaint. Hence, issuance and service of notice to the respondent in the above case may please be dispensed with since no relief is claimed against the respondent herein in this petition. Hence issue or service of notice to the respondent in the above petition may please be dispensed with in the interest of justice.” - 3 - HC-KAR NC: 2025:KHC-D:8242 WP No. 103903 of 2025 2. In view of the memo and supporting submission, issuance of notice to the respondent is dispensed with at the risk and consequence of the petitioner. 3. Perused the materials available on record. 4. The petitioner–complainant filed a private complaint in PCR No.50/2022 before the learned IV Additional JMFC, Belagavi, for offences punishable under Sections 420, 465, and 468 read with Section 34 of the IPC. Upon initiation of the private complaint, the learned Magistrate conducted an inquiry by examining the complainant as PW1. In support of his sworn statement, the complainant–petitioner also submitted documents marked as Exhibits P1 to P10. However, the order sheet indicates that, till date, the learned JMFC has not taken cognizance of the matter under Section 204 of the Cr.P.C. Therefore, it is just and necessary to issue a direction to the Trial Court to proceed with the matter by exercising its powers under Section 204 of the Cr.P.C., in accordance with law. 5. Accordingly, the petition stands disposed of. - 4 - HC-KAR NC: 2025:KHC-D:8242 WP No. 103903 of 2025 6. It is made clear that the learned JMFC shall pass appropriate orders based on the materials available on record, strictly in accordance with law, within a period of one month from the date of this order. Sd/- (VENKATESH NAIK T) JUDGE Rsh /ct-an List no.: 1 sl no.: 30