- 1 - HC-KAR NC: 2025:KHC:32014 CRL.P No. 3933 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION No. 3933 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. M/S DEVENDRA TELECOM REP BY ITS PROPRIETOR S. KAMAL KISHORE. 2. S. KAMAL KISHORE, S/O, LATE, M. SOHAN RAJ AGED ABOUT 47 YEARS. PETITIONERS No.1 AND 2 ARE AT: NO. 396/85, SHUBASHRI BUILDINGS 11TH MAIN ROAD,3RD BLOCK JAYANAGARA, NEAR COSMOPOLITAN CLUB BENGALURU - 560 011. …PETITIONERS (BY SRI HONNUR ALI, ADVOCATE) AND: M/S MAHALAKSHMI AGENCIES (REGISTERED PARTNERSHIP FIRM) No.45, BELOW SARASWATHI BANK 33RD CROSS, 19TH MAIN, 4TH 'T' BLOCK JAYANAGARA, BENGALURU - 560 011. REP BY ITS MANAGER Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32014 CRL.P No. 3933 of 2023 K.R. CHANDRASHEKAR ARADYA. AGE 37 YEARS S/O RENUKARADYA. …RESPONDENT (BY SRI DARSHAN S M AND SRI MAHESH KUMAR K .M, ADVOCATES) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10.04.2023 PASSED IN C.C.No.18987/2016 BY THE XLII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU AND ETC., THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER This petition filed under Section 482 of Cr.P.C, is by the accused to quash the order dated 10.04.2023 in C.C.No.18987/2016 on the file of LXII ACCM, Bengaluru, in the proceedings for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (N.I. Act for short). 2. In support of the petition, the petitioner has contended that respondent filed complaint in - 3 - HC-KAR NC: 2025:KHC:32014 CRL.P No. 3933 of 2023 C.C.No.18987/2016 against the petitioner alleging offence punishable under Section 138 of N.I Act. Due to the intervention of well wishers the dispute was settled amicably. The terms of the settlement was reduced in writing. A joint memo dated 26.03.2019 was filed. As per the terms of the settlement, petitioner agreed to pay Rs.15,43,538/- to the respondent within a period of 15 months commencing from 10.04.2019 either in one instalment or equally divided monthly instalments. Based on the memo, judgment came to be passed on 02.04.2019. 2.1 As per the said terms, the entire amount was to be paid on or before 10.07.2020. However, in violation of the terms of the settlement, respondent moved an application before the trial Court for issue of NBW/FLW. The trial Court also without proper application of mind has taken coercive steps. Though the petitioner sought for recalling the said order, the trial Court has declined on the ground that petitioner has not produced necessary documents to show that payments are made. - 4 - HC-KAR NC: 2025:KHC:32014 CRL.P No. 3933 of 2023 2.2 Aggrieved by the same, petitioner filed Crl.A.No.731/2021 before the Sessions Court. Though initially, stay was granted, after the appearance of respondent, appeal came to be dismissed. Petitioner has paid more than Rs.3,75,000/- through account transfer and also by way of cash. Only Rs.2,25,000/- is due. Cash payments were made to the respondent at his request on the ground that there was some problem in his account. In the above facts and circumstances, the petitioner has approached this Court and pray to set aside the impugned order. 3. On the other hand, learned counsel for respondent would submit that the terms of the settlement are not complied with. Rs.10,00,000/- (Rupees Ten Lakhs only) was paid before the Sessions Court and as per account extract, Rs.75,000/- (Rupees Seventy Five Thousand only) was paid. Respondent dispute the alleged cash payments. Still Rs.5,25,000/- (Rupees Five Lakhs - 5 - HC-KAR NC: 2025:KHC:32014 CRL.P No. 3933 of 2023 Twenty Five Thousand only) is due and pray to dismiss the petition. 4. Heard arguments and perused the record. 5. Thus, the petitioner has approached this Court contending though as per the terms of the settlement, time was still due for payment, the respondent has taken coercive steps. 6. It is not in dispute that with regard to the dishonour of cheque, respondent filed a complaint in C.C.No.18987/2016. It ended up in compromise as per the joint memo dated 26.03.2019 whereby the petitioner agreed to pay Rs.15,43,558/- either in one instalment or within a period of 15 months in equally divided monthly instalments. As per the said memo, he had time till 25.06.2020. Alleging that the petitioner has failed to comply with the same, respondent moved the trial Court for taking coercive steps. 7. Against the same, petitioner approached the Sessions Court in Crl.A.No.731/2021. Before the Sessions - 6 - HC-KAR NC: 2025:KHC:32014 CRL.P No. 3933 of 2023 Court also the parties have entered into a compromise by filing a joint memo dated 21.10.2021, according to which petitioner agreed to pay in all Rs.16,00,000/-. He paid Rs.10,00,000/- before the Sessions Court itself and remaining Rs.6,00,000/- was to be paid in equal monthly instalments of Rs.25,000/-. As per the said memo he had time till 04.12.2024. However, Rs.25,000/- per month was required to be paid. 8. When petitioner failed to keep up with the said schedule, once again respondent approached the trial Court to take coercive steps. Against the order dated 10.04.2023, issuing NBW and FLW, petitioner has approached this Court. According to the petitioner, he has paid Rs.75,000/- through account transfer and Rs.2,50,000/- is paid in cash. Respondent dispute the said claim. According to him, Rs.75,000/- is paid through account transfer and still Rs.5,25,000/- is due. Even though the petitioner claim that cash payments were made, he has not produced any acknowledgement. The last date for payment was - 7 - HC-KAR NC: 2025:KHC:32014 CRL.P No. 3933 of 2023 04.12.2024, which is already lapsed. In the above facts and circumstances, the respondent is justified in approaching the trial Court and securing order for issue of NBW and FLW. There are no justifiable grounds to interfere and accordingly, the following: ORDER (i) Petition filed by the petitioner/accused under Section 482 of Cr.P.C is rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 55 CT.SM