- 1 - NC: 2025:KHC-D:5271 CRL.P No. 100388 of 2023 C/W CRL.P No. 100421 of 2023 CRL.P No. 100422 of 2023 CRL.P No. 100438 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.100388 OF 2023 C/W CRIMINAL PETITION NO. 100421 OF 2023 CRIMINAL PETITION NO. 100422 OF 2023 CRIMINAL PETITION NO. 100438 OF 2023 IN CRL.P.NO.100388/2023: BETWEEN: SRI. PRAKASH DATTOBA SATAPUTE, AGED: 70 YEARS, OCC: BUSINESS, R/O: SUTAR MALA, ICHALKARANJI, TQ: HATHKANANGALE, DIST: KOLHAPUR, MAHARASHTRA STATE. …PETITIONER (BY SRI. R. A. MALI & SRI. SUNIL KHOT, ADVOCATES) AND: SHRI BEERESHWAR CO OP. CIRDIT SOCIETY LTD., EXAMBA (MULTI STATE ) BR. KABANUR, TQ: HATHKANANGALE, DIST: KOLHAPUR, REP. BY ITS BRANCH MANAGER, SRI. PRAKASH ANANDA VADDE, AGE: 40 YEARS, OCC: BRANCH MANAGER, R/O: CHANDUR, TQ: HATHKANANGALE, DIST: KOLHAPUR – 416 116. …RESPONDENT (BY SRI. SHARAD V. MAGADUM, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE IMPUGNED ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS DATED 01.01.2022 PASSED BY THE PRL. CIVIL JUDGE AND JMFC CHIKKODI AS AGAINST THE PETITIONER IN C.C.NO. 32/2022 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C. NO. 32/2022 ON THE FILE OF Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5271 CRL.P No. 100388 of 2023 C/W CRL.P No. 100421 of 2023 CRL.P No. 100422 of 2023 CRL.P No. 100438 of 2023 PRL. CIVIL JUDGE AND JMFC CHIKKODI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AS THE SAME BEING NOT SUSTAINABLE IN LAW. GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST EVEN INCLUDING THE COSTS OF THIS PETITION IN THE INTEREST OF THE JUSTICE. IN CRL.P.NO.100421/2023: BETWEEN: 1. SRI. SUDHAKAR DEVAPPA MANERE, (WRONGLY SHOWN AS SUDHAKAR DEVAPPA MANIRE) AGED: 82 YEARS, OCC BUSINESS, R/O: NO.9, SAHAVAS INDUSTRIAL ESTATE, ICHALKARNAJI, DIST: KOLHAPUR - 416 115. 2. SRI. ASHOKRAO BHAUSO ARAGE, AGED: 69 YEARS, OCC: BUSINESS, R/O: NO.8/87, ARAGE MALA, ICHALKARANJI, DIST: KOLHAPUR – 416 115. 3. SRI. SATYANARAYAN SITARAM DALYA, AGED: 63 YEARS, OCC: BUSINESS, R/O: NO.10/167, ARAGE MALA, ICHALKARANJI, DIST: KOLHAPUR – 416 115. 4. SRI. VILAS GANAPATI GATADE, AGED: 69 YEARS, OCC: BUSINESS, R/O: NO.18/556, IDUSTRIAL ESTATE, ICHALKARANJI, DIST: KOLHAPUR – 416 115. 5. SRI. MAHAVEER SHANKAR GAT, AGED: 65 YEARS, OCC: BUSINESS, R/O: KHASDAR BALASAHEB MANE ROAD, RUIKAR COLNY ,KOLHAPUR, DIST: KOLHAPUR – 416 115. 6. SRI. LAXMIKANT RAMSWROOP PUROHIT, AGE: 60 YERS, OCC: BUSINESS, R/O: NO.10-3/13, KAPAD MARKET HOUSING SOCIETY, ICHALKARANJI, DIST: KOLHAPUR – 416 115. - 3 - NC: 2025:KHC-D:5271 CRL.P No. 100388 of 2023 C/W CRL.P No. 100421 of 2023 CRL.P No. 100422 of 2023 CRL.P No. 100438 of 2023 7. SRI. PRASAD @ PARASHRAM BALAKU KHOBARE, AGED: 59 YEARS, OCC: BUSINESS, R/O: TARDAL,TQ: HATHKANANGALE, DIST: KOLHAPUR – 416 115. 8. SRI. MAHADEV (WRONGLY SHOWN AS MAHAVEER ) KRISHNAJI KAMBLE, AGED: 69 YEARS, OCC: BUSINESS, R/O: 17/50, RADHIKA NIWAS, VIVEKANAND COLONY, ICHANLKARANJI, DIST: KOLHAPUR – 416 115. 9. SRI. AHMAD BABALAL MUJAWAR, AGED: 69 YEARS, OCC: BUSINESS, R/O: 3/949, PIRACHA MALA, GAON BHAG, ICHALKARANJI, DIST: KOLHAPUR – 416 115. 10. SRI. SURESH MARUTI BAVANE, AGE: 68 YEARS, OCC: BUSINESS, R/O: A-4, SHUBHAMKAROTI APPMT. AWADE NAGAR, ICHALKARANJI, DIST: KOLHAPUR – 416 115. 11. SRI. CHANDRASHEKHAR MANIKCHAND SHAH, AGED: 56 YEARS, OCC: BUSINESS, R/O: BALAJI APARTMENT, KAGAWADE MALA, ICHALKARANJI, DIST: KOLHAPUR – 416 115. 12. SRI. SANDIP SIDDESHWAR KARANDE, AGED: 41 YEARS, OCC: BUSINESS, R/O: HATHKANANGALE, TQ: HATHKANANGALE, DIST: KOLHAPUR – 416 109. 13. SMT. SHAKUNTALA SADASHIVA JADHAV, AGE: 74 YEARS, OCC: BUSINESS, R/O: 6/304, MANGALWAR PETH, NEAR HOLI KATTA, ICHALKARANJI, DIST: KOLHAPUR – 416 115. 14. SMT. SUVARNA JAYAPRAKASH PATIL, AGED: 59 YEARS, OCC: BUSINESS, R/O: 517, E-WARD, STATION ROAD, SHIVAJI PARK, KOLHAPUR, DIST: KOLHAPUR – 416 001. - 4 - NC: 2025:KHC-D:5271 CRL.P No. 100388 of 2023 C/W CRL.P No. 100421 of 2023 CRL.P No. 100422 of 2023 CRL.P No. 100438 of 2023 …PETITIONERS (BY SRI R. A. MALI & SRI. SUNIL KNOT, ADVOCATES) AND: SHRI BEERESHWAR CO-OP.CREDIT SOCIETY LTD., EXAMBA(MULTI-STATE) BR.KABANUR,, TQ: HATHKANANGALE, DIST: KOLHAPUR, REP. BY ITS BRANCH MANGER, SRI. PRAKASH ANANDA VADDE, AGE: 40 YEARS, OCC: BRANCH MANAGER, R/O: CHANDUR, TQ: HATHKANAGALE, DIST: KOLHAPUR – 416 109. …RESPONDENT (BY SRI. SHARAD V. MAGADUM, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CODE OF CRIMINAL PROCEDURE SEEKING TO QUASH THE IMPUGNED ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS PASSED BY THE PRL. CIVIL JUDGE AND JMFC CHIKODI AS AGAINST THE PETITIONERS IN C.C.NO. 32/2022 IN DATED 01.01.2022 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 32/2022 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC CHIKODI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT INSOFAR AS THE SAME RELATES TO THE PETITIONERS/ACCUSED NO.5 TO 18 AS THE SAME BEING NOT SUSTAINABLE IN LAW. GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST EVEN INCLUDING THE COSTS OF THIS PETITION IN THE INTEREST OF THE JUSTICE. IN CRL.P.NO.100422/2023: BETWEEN: SRI. PRAKASH KALLAPPA AWADE, AGED: 69 YEARS, OCC: BUSINESS, R/O: INDUKALA, AWADE NAGAR, INCHALKARANJI, TQ: HATHAKANANGALE, DIST: KOLHAPUR, MAHARASHTRA STATE – 416 115. …PETITIONER (BY SRI R. A. MALI AND SRI. SUNIL KHOT, ADVOCATES) - 5 - NC: 2025:KHC-D:5271 CRL.P No. 100388 of 2023 C/W CRL.P No. 100421 of 2023 CRL.P No. 100422 of 2023 CRL.P No. 100438 of 2023 AND: SHRI BEERESHWAR CO OP CREDIT SOCIETY LTD., EXAMBA (MULTI-STATE), BR. KABANUR, TQ: HATHKANANGALE, DIST: KOLHAPUR, REP. BY ITS BRANCH MANAGER, SRI. PRAKASH ANANDA VADDE, AGE: 40 YEARS, OCC: BRANCH MANAGER, R/O: CHANDUR, TQ: HATHKANANGALE, DIST: KOLHAPUR – 416 109. …RESPONDENT (BY SRI. SHARAD V. MAGADUM, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE IMPUGNED ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS PASSED BY THE PRL. CIVIL JUDGE AND JMFC CHIKODI AS AGAINST THE PETITIONERS IN C.C.NO. 32/2022 IN DATED 01.01.2022 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 32/2022 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC CHIKODI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT INSOFAR AS THE SAME RELATES TO THE PETITIONER/ACCUSED NO.1 AS THE SAME BEING NOT SUSTAINABLE IN LAW. IN CRL.P.NO.100438/2023: BETWEEN: SRI. NISHIKANT RAMACHANDRA SAVARDEKAR, AGED: 52 YEARS, OCC: BUSINESS, R/O: C/O: YASHWANT PROCESS, KOLHAPUR ROAD, ICHALKARANJI, TQ: HATHKANANGALE, DIST: KOLHAPUR – 416 109, MAHARASHTRA STATE. …PETITIONER (BY SRI. RAMACHANDRA A MALI AND SRI SUNIL KHOT, ADVOCATES) - 6 - NC: 2025:KHC-D:5271 CRL.P No. 100388 of 2023 C/W CRL.P No. 100421 of 2023 CRL.P No. 100422 of 2023 CRL.P No. 100438 of 2023 AND: SHRI BEERESHWAR CO OP. CREDIT SOCIETY LTD., EAMBA (MULTI-STATE), BR. KABANUR, TQ: HATHKANANGALE, DIST: KOLHAPUR, REP. BY ITS BRANCH MANAGER, SRI. NISHIKANT ANANDA VADDE, AGE: 40 YEARS, OCC: BRANCH MANAGER, R/O: CHANDUR, TQ: HATHKANANGALE, DIST: KOLHAPUR. …RESPONDENT (BY SRI SHARAD V. MAGADUM, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CODE OF CRIMINAL PROCEDURE, SEEKING TO QUASH THE IMPUGNED ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS PASSED BY THE PRL. CIVIL JUDGE AND JMFC CHIKODI AS AGAINST THE PETITIONER IN C.C.NO.32/2022 DATED 01.01.2022 AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 32/2022 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC CHIKODI REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT INSOFAR AS THE SAME RELATE TO THE PETITIONER/ACCUSED NO.4 AS THE SAME BEING NOT SUSTAINABLE IN LAW. THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER Learned counsel for the petitioners files a memo seeking withdrawal of the petitions. 2. Memo reads thus; - 7 - NC: 2025:KHC-D:5271 CRL.P No. 100388 of 2023 C/W CRL.P No. 100421 of 2023 CRL.P No. 100422 of 2023 CRL.P No. 100438 of 2023 “That the petitioner above named submit as under: The petitioner submits that the above cases may be dismissed as withdrawn as not pressed. Hence the above case may be dismissed as withdrawn in the interest of justice.” 3. In view of the memo, the petition is dismissed as withdrawn. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE VMB/CT-ASC List No.: 1 Sl No.: 27