- 1 - HC-KAR NC: 2025:KHC-D:9502 CRL.P No. 103009 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103009 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. SOUMYA W/O. GHANASHYAM HOSUR, AGE: 48 YEARS, OCC: BUSINESS, R/O: HOUSE NO.38, 2ND CROSS, BESIDE VIJAY PAIKOTI HOUSE, MUKUND NAGAR, GOKUL ROAD, HUBBALLI-580 024. 2. SRI. GHANASHYAM S/O. TAMMANNA HOSUR, AGE: 54 YEARS, OCC: BUSINESS, R/O: HOUSE NO.38, 2ND CROSS, BESIDE VIJAY PAIKOTI HOUSE, MUKUND NAGAR, GOKUL ROAD, HUBBALLI-580 024. … PETITIONERS (BY SRI. S.L. MATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SHRI. DHANANJAY S/O. BABURAO GNESHKAR, AGE: 60 YEARS, OCC: PRIVATE SERVICE, R/O: HAYAT MANZIL, 2ND CROSS, KADASIDDESHWAR COLONY, KESHWAPUR, HUBBALLI-580 023. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. PRASHANT S. HOSAMANI, ADVOCATE FOR R2) Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.08.02 11:45:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9502 CRL.P No. 103009 of 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE COGNIZANCE TAKEN ON 14.05.2024 BY THE PRINCIPAL CIVIL JUDGE AND JMFC, HUBBALLI AGAINST THE ACCUSED NO.1 AND 6 (PETITIONER NO.1 AND 2) FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT AND UNDER SECTIONS 420 AND 406 R/W 34 OF IPC IN CC NO.4336/2024 (PC NO.2034/2023), IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. The petitioner is before this Court with a prayer to quash the order dated 14.05.2024 passed by the Court of Principal Civil Judge and JMFC, Hubballi in C.C. No.4336/2024, wherein, cognizance has been taken by the learned Magistrate for offence punishable under Section 138 of the Negotiable Instruments Act and a direction was issued to register the criminal case against the accused for offences punishable under Sections 420 and 406 read with Section 34 of the IPC. 2. Heard the learned counsel for the parties. - 3 - HC-KAR NC: 2025:KHC-D:9502 CRL.P No. 103009 of 2024 3. Learned counsel for the contesting private respondent fairly submits that the revision petitions filed by the other accused persons before the jurisdictional Sessions Court challenging very same order has been already allowed and the order impugned dated 14.05.2024 passed by the learned Magistrate in C.C. No.4336 of 2024 has been set aside and the matter has been remanded to the Jurisdictional Magistrate with a direction to proceed further in accordance with law. He therefore submits that the order impugned may be set aside, and the matter may be remitted to the learned magistrate to proceed further in accordance with law. 4. Learned counsel for the petitioner does not dispute the said submission made by learned counsel for the respondent. 5. The submissions made on both sides are placed on record. - 4 - HC-KAR NC: 2025:KHC-D:9502 CRL.P No. 103009 of 2024 6. The Criminal Petition is allowed and the order dated 14.05.2024 passed by the Prl. Civil Judge and JMFC, Hubballi in C.C. No.4336/2024 is set aside and the matter is remitted to the Court of learned Magistrate to proceed further in accordance with law. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 53