- 1 - HC-KAR NC: 2025:KHC-D:11635 CRL.P No. 103515 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103515 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SMT. RENUKA W/O SHARANAPPA HANUMANAVAR, AGE. 41 YEARS, OCC. HOUSEHOLD, R/O. KUMBAR ONI, NEAR GANESH TEMPLE, NAVALAGUND, DIST. DHARWAD. … PETITIONER (BY SRI. SHRIKANT T. PATIL, ADVOCATE) AND: SMT. SHAKUNTALA D/O YALLAPPA PUJAR, AGE. 63 YEARS, OCC. RTD. TEACHER, R/O. NEAR AMAR SWIMMING POOL, GADAG, DIST. GADAG-582 101. … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYS THAT THE IMPUGNED ORDER PASSED BY JMFC 1ST COURT, GADAG IN PCR NO.19/2020 DATED 13.06.2025 PASSED IN CC NO.321/2020 AN APPLICATION UNDER SECTION 142 OF N.I. ACT BE QUASHED. THIS PETITION, COMING ON FOR ADMISSION 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:11635 CRL.P No. 103515 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court assailing the order dated 16.06.2025, passed by the Court of JMFC, Gadag in C.C. No.321 of 2020 arising out of PCR No.19 of 2020, condoning the delay of 14 days caused in filing the complaint. 2. Learned counsel for the petitioner submits that the delay caused in filing the complaint is not 14 days and it is 17 days and without appreciating the said aspect of the matter, the trial Court has erroneously condoned the delay mentioning the delay as 14 days. 3. Perusal of the material on record would go to show that the petitioner had earlier approached this Court in Criminal Petition No.100746 of 2023 contending that even before condoning the delay of 14 days caused in filing the private complaint, the trial Court had recorded the sworn statement of the complainant, which was bad in law. - 3 - HC-KAR NC: 2025:KHC-D:11635 CRL.P No. 103515 of 2025 This Court, by order dated 26.05.2023 had allowed Criminal Petition No.100746 of 2023 and having set aside the order passed by the trial Court, which was challenged the said petition had directed the learned Magistrate to consider the application filed by the complainant seeking condonation of delay of 14 days and the objection filed by the accused and thereafter pass appropriate orders. 4. In the earlier criminal petition which was filed by the petitioner, there is a categorical finding that the delay caused in filing the complaint is 14 days and while allowing the earlier criminal petition, this Court has directed the Magistrate to consider the application filed by the complainant seeking condonation of delay of 14 days and therefore, it is not open for the petitioner to now contend that the delay caused in filing the complaint is 17 days and not 14 days. Even otherwise the difference of 3 days in filing the complaint will not make much of difference and therefore, I do not see any good ground to entertain this petition. Accordingly, the petition is dismissed. - 4 - HC-KAR NC: 2025:KHC-D:11635 CRL.P No. 103515 of 2025 5. Pending applications, if any, do not survive for consideration and are accordingly disposed of. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT: BCK LIST NO.: 1 SL NO.: 44