- 1 - HC-KAR NC: 2025:KHC-D:16892 WP No. 109052 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 109052 OF 2025 (GM-CON) BETWEEN: SRI. MEGHRAJ MAHADEV KUGAJI, AGED. 37 YEARS, OCC. AGRICULTURE, R/O. H.NO. 1024, TUKARAM GALLI, PARAMESHWAR NAGAR, NEAR JYOTIBA MANDIR, AMbEWADI, TQ. AND DIST. BELAGAVI – 05. …PETITIONER (BY SRI. RAMACHANDRA A. MALI, ADVOCATE) AND: 1. NEW SAINIK CO OPERATIVE SOCIETY LTD., HANAMANT GROUND BHAVAN, NEAR CHANGALESHWARI MANDIR, YELLUR, BELAGAVI 05, REP. BY ITS CHAIRMAN, SRI. G. I. PATIL. SMT. CHAYA MANOHAR PATIL, SINCE DECEASED BY HER LRS. 2. SRI. ASHISH MANOHAR PATIL, AGED. 28 YEARS, OCC. SERVICE. 3. MISS. ANUJA MANOHAR PATIL, AGE. 26 YEARS, OCC. SERVICE. 4. SRI. MANOHAR CHANGAPPA PATIL, AGE. 61 YEARS, OCC. EX-SERVICE, R/O. PRATAP GALLI, YELLUR, BELAGAVI - 05, TQ & DIST. BELAGAVI – 590 001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS IN CRIMINAL COMP. NO. 166/2024 ON THE FILE OF DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:16892 WP No. 109052 of 2025 BELAGAVI AND QUASH ENTIRE PROCEEDINGS IN CRIMINAL COMP. NO. 166/2024 ON THE FILE OF DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BELAGAVI AS AGAINST THE PETITIONER HEREIN VIDE ANNEX-F1 AS THE SAME BEING ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN LAW IN THE INTEREST OF THE JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer: i. Call for the relevant records in Criminal Comp. No. 166/2024 on the file of District Consumer Disputes Redressal Commission Belagavi and quash entire proceedings in Criminal Comp. No. 166/2024 on the file of District Consumer Disputes Redressal Commission Belagavi as against the petitioner herein vide Annex-F1 as the same being arbitrary, illegal and not sustainable in law in the interest of the justice and equity. ii. Grant such other and further reliefs as are just even including the costs of this petition in the interest of the justice and equity. 2. The learned counsel for the petitioner submits the petition before the District Consumer Forum is dismissed for non- prosecution. However, he would seek leave of this Court to withdraw the subject petition and prefer an application seeking recalling of the said order. - 3 - HC-KAR NC: 2025:KHC-D:16892 WP No. 109052 of 2025 3. Therefore, I deem it appropriate to dispose the petition reserving liberty to the petitioner to file a recalling application of the dismissal of the case before the Consumer Forum. It is needless to observe that the Consumer Forum would answer the application in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE kmv CT-ASC - 4 - HC-KAR NC: 2025:KHC-D:16892 WP No. 109052 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [SRI MEGHRAJ MAHADEV KUGAJI VS. NEW SAINIK CO OPERATIVE SOCIETY LTD AND OTHERS] 24.02.2026 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER ON MEMO FOR BEING SPOKEN TO The subject petition was disposed by an order of this Court dated 01.12.2025 permitting the petitioner to approach the appropriate forum. A memo for being spoken to, is filed by the learned counsel for the petitioner. The memo reads as follows: "That the petitioner abovenamed submits as under: That the above writ petition is filed seeking quashing of the entire proceedings in Criminal Comp./Execution Application No.166/2024 in C.C. No. 263/2023 on the file of District Consumer Dispute Redressal Commission Belagavi. The above petition was listed for Preliminary Hearing on 1- 12-2025 and as on this date, the proceedings before the Consumer Commission were dismissed for non-prosecution. Therefore, the petitioner requested to dispose of the petition with the liberty to seek revival of the petition as and when the proceedings before the Consumer Commission gets restored by the complainant. This Hon'ble Court by its order dtd. 1-12-2025 has disposed the above petition as withdrawn by the petitioner reserving liberty to - 5 - HC-KAR NC: 2025:KHC-D:16892 WP No. 109052 of 2025 the petitioner to approach the Consumer Forum seeking recalling of dismissal and restoration of the case before Consumer Commission. As, the petitioner who is an ex-employee of the respondent Co-op. Credit society who has been arraigned as an accused in C.C. No. 265/2023 on the file of District Consumer Disputes Redressal Commission, Belagavi, the Criminal Comp./Execution Application No. 166/2024 filed by the respondent/complainant, the said complaint has been dismissed for default of the respondent, who has to seek restoration of the case before the Commission. Therefore, the order dtd. 1-12- 2025 passed by this Hon'ble Court in the above case requires to be corrected reserving liberty to the petitioner to seek revival/restoration of the above writ petition in the event or as and when the proceedings before the Consumer Commission are restored in the interest of justice and equity." Since the complaint before the District Consumer Disputes Redressal Commission, Belagavi, is dismissed due to default of the respondent, the petitioner seeks revival or restoration of the writ petition, in the event of need or when the proceedings before the District Consumer Disputes Redressal Commission, Belagavi, are restored. For the reasons indicated in the memo and being satisfied by the same, the memo for ‘being spoken to’ stands allowed. - 6 - HC-KAR NC: 2025:KHC-D:16892 WP No. 109052 of 2025 The subject order on 'memo for being spoken to' shall be read as part and parcel of the main order passed by this Court dated 01.12.2025. Sd/- (M.NAGAPRASANNA) JUDGE sma List No.: 19 Sl No.: 7