- 1 - HC-KAR NC: 2025:KHC:35889 CRL.P No. 12488 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12488 OF 2025 BETWEEN: SRI. B. N. SHIVANAND S/O P.S. NANJUNDAPPA, AGED ABOUT 42 YEARS, R/A NO.45, 1ST CROSS, NADANAHALLI, KBL LAYOUT, MYSORE-570028. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: SRI. PRAMOD K C S/O K.C. CHANDRAPRAKASH, AGED ABOUT 44 YEARS, R/A NO.537, B.M.SHREE NAGARA, MATAGALLI, MYSORE-570016. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS FOR RECOVERY OF THE AMOUNT IN CRL.MISC.NO.548/2023 PENDING IN THE FILE OF THE J.M.F.C IV COURT AT MYSORE UNDER SEC.431 OF CR.PC PRODUCED AT ANNEXURE-F. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35889 CRL.P No. 12488 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The respondent/complainant filed a private complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of N.I. Act. 2. The present petitioner/accused, upon receipt of summons, appeared and contested the proceedings filed in C.C.No.456/2018. During the pendency of those proceedings, the petitioner/accused entered into a compromise in C.C.No.456/2018. Pursuant to the compromise, a joint compromise memo was filed, requiring the petitioner to pay an amount of Rs.11,00,000/-, which was alleged to be due. Despite the recorded compromise, the respondent/complainant has alleged that the balance amount remains unpaid, and - 3 - HC-KAR NC: 2025:KHC:35889 CRL.P No. 12488 of 2025 accordingly, an application was filed under Section 431 of the Cr.P.C. 3. The petitioner/accused now seeks to quash the proceedings pending in Crl. Misc. No. 548/2023, filed under Section 431 Cr.P.C., on the ground that the entire amount due under the compromise has been repaid. At paragraph 13 of the petition, the petitioner has furnished a table indicating the alleged mode of payment. 4. This Court is of the view that the question as to whether the compromise recorded in C.C. No.456/2018 has been fully satisfied is essentially a matter of evidence. The petitioner must appear in the proceedings pending in Crl. Misc. No.548/2023 and demonstrate, with supporting evidence, that no amount remains due pursuant to the compromise in C.C.No 456/2018. This Court cannot adjudicate on the alleged averments made in paragraph 13 of the petition in the context of this quash petition. - 4 - HC-KAR NC: 2025:KHC:35889 CRL.P No. 12488 of 2025 5. Accordingly, while expressly reserving liberty to the petitioner to contest the proceedings and demonstrate that no amount is due, the present petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 62