Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 75613 (KAR)

NEELESH C H v. M/S.CAN FIN HOMES LIMITED

CRL.P/12730/2025 · 2025-11-27

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49473 CRL.P No. 12730 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12730 OF 2025 BETWEEN: NEELESH C.H. S/O ERAPPA, AGED ABOUT 35 YEARS, R/AT 3RD BLOCK, 53RD CROSS, NEAR RAM MANDIR, RASMI NAGAR, BANGALORE - 560 001 …PETITIONER (BY SRI. SATHISH B., ADVOCATE FOR SRI. SHARATH KUMAR SHETTY, ADVOCATE) AND: M/S.CAN FIN HOMES LIMITED NON-BANKING HOUSING FINANCE COMPANY, REGISTERED UNDER COMPANIES ACT HAVING ITS REGISTERED OFFICE AT : NO.29/1, SIR M N KRISHNA RAO ROAD, LALBAGH WEST, BASAVANAGUDI, BANGALORE - 560 004 REP BY ITS MANAGER, AUTHORIZED OFFICER AND AUTHORIZED SIGNATORY - SRI SHIVA VR …RESPONDENT (BY SRI. D. NARAYANA SWAMY, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE ABOVE PETITIONER IN CC NO.21348/2025 ARISING OUT OF PCR NO.6715/2025 BY TAKING COGNIZANCE U/S 138 OF N.I ACT AND ISSUING SUMMONS BY HONBLE XXV ACJM, AT BANGALORE IN WHICH THIS PETITIONER IS ARRAYED AS ACCUSED. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49473 CRL.P No. 12730 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard learned counsel appearing for the parties. 2. The order taking cognizance and consequent proceedings pending on the file of learned XXV Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.21348 of 2025 are sought to be quashed in this petition. 3. The learned counsel appearing for the respondent submits that, a Criminal Revision Petition is filed by the petitioner before the Sessions Court wherein, the learned Sessions Judge has stayed the order issuing Warrant and Proclamation against him. He has filed On-line copy of the Order Sheet in Criminal Revision Petition No.518 of 2025 preferred before the Court of LXVI Additional City Civil and Sessions Judge (CCH-67), Bengaluru. 4. The above proceedings are in relation to the complaint filed by the respondent against the petitioner for the offence punishable under Section 138 of the N.I.Act. The proceedings - 3 - HC-KAR NC: 2025:KHC:49473 CRL.P No. 12730 of 2025 are pending before the trial Court. Hence, the petitioner can urge all the contentions before the trial Court. 5. Considering that issuance of warrant and proclamation against the petitioner is already stayed by the Revisional Court, this Court is not inclined to quash the proceedings. Petition is accordingly disposed of. In view of the disposal of the petition, IA No.1/25 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE rs List No.: 1 Sl No.: 41