- 1 - HC-KAR NC: 2025:KHC:35540 CRL.P No. 2278 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 2278 OF 2025 BETWEEN: 1. SRI. H.B. RAVIKUMAR S/O LATE BASAVARAJAPPA, AGED ABOUT 48 YEARS, AGRICULTURIST AND BUSINESS, KAGATHURU VILLAGE CHANNAGIRI TALUK - 577 213. 2. SMT. RATHNAMMA T.R. W/O BASAVARAJAPPA AGED ABOUT 70 YEARS, AGRICULTURIST, T/O KAGATUR VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. …PETITIONERS (BY SRI. ANAND GOWDA M.S, ADVOCATE FOR SRI. MARUTHI G.B, ADVOCATE) AND: SRI. H.P. RUDRACHAR S/O LATE PUTTACHARI AGE 61 YEARS RETIRED K10CL - EMPLOYEE NOW R/O VEERABHADRESHWARA NILAYA 3RD CROSS, KUVEMPU NAGARA, BEHIND PWD QUARTERS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35540 CRL.P No. 2278 of 2025 CHANNAGIRI TOWN. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO a) QUASH THE CRL.MISC.NO.5/2024, PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT CHANNAGIRI. b) CONSEQUENTLY, SET ASIDE THE ORDER DATED 13005.2024 PASSED BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC, AT CHANNAGIRI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the accused seeking quashing of the proceedings pending in Crl.Mis.No.5/2024 on the file of Senior Civil Judge and JMFC, Channagiri. 2. Petitioner No.1 was subjected to criminal proceedings pursuant to a private complaint lodged against him for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. During the pendency of those proceedings, the petitioner was released on bail upon furnishing the requisite security. - 3 - HC-KAR NC: 2025:KHC:35540 CRL.P No. 2278 of 2025 However, it appears from the record that the petitioner subsequently failed to appear before the Trial Court on several occasions. This compelled the learned Magistrate to initiate coercive measures and ultimately declare the petitioner as a proclaimed offender. 3. In the meantime, it transpires that petitioner No.1/accused entered into an amicable settlement with the complainant, and a joint memo evidencing the said compromise was filed before the Trial Court in C.C.No.58/2023 on 03.09.2024. 4. This Court has perused the memo filed by the complainant in the aforesaid case. The learned Magistrate, taking note of the settlement between the parties, closed the complaint by order dated 03.09.2024, observing that the dispute had been resolved in terms of the joint memo. 5. The learned counsel appearing for the petitioners has submitted that, notwithstanding the closure of C.C.No.58/2023, the proceedings initiated by the - 4 - HC-KAR NC: 2025:KHC:35540 CRL.P No. 2278 of 2025 Magistrate declaring petitioner No.1 as a proclaimed offender, owing to his earlier non-appearance, are still pending in Crl.Mis.No.5/2024, and notice has now been issued in that matter. Drawing attention to the compromise entered into between the complainant and petitioner No.1, it is contended that the very basis for continuation of Crl.Mis.No.5/2024 no longer survives. 6. Upon examining the records and considering the submissions, this Court finds that the private complaint instituted under Section 200 of the Cr.P.C. for the offence under Section 138 of the N.I. Act has been brought to a close on account of the joint memo and the consequential order of the Trial Court. In the light of such settlement, there is no justification for the continuation of the collateral proceedings in Crl.Mis.No.5/2024. The same, therefore, deserve to be set aside. 7. For the foregoing reasons, this Court proceeds to pass the following: - 5 - HC-KAR NC: 2025:KHC:35540 CRL.P No. 2278 of 2025 ORDER i. The criminal petition is hereby allowed; ii. The proceedings in Crl.Mis.No.5/2024, pending on the file of the Senior Civil Judge and JMFC, Channagiri, arising out of the order declaring petitioner No.1 as a proclaimed offender, are hereby quashed and set aside. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 18 CT: BHK