- 1 - HC-KAR NC: 2025:KHC:50250 CRL.P No. 16027 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16027 OF 2025 BETWEEN: SRI. VEERA KUMAR S/O. P. SATHYANARAYANA, AGED ABOUT 67 YEARS, R/AT. NO.5C-410, HRBR LAYOUT, KALYANAGAR, BENGALURU PIN CODE-560 043. …PETITIONER (BY SRI. C.M. RAJANEESH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY BANASWADI POLICE STATION, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA PREMISES, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. SMT. PADMAVATHI BHARADWAJ D/O. DR. D. VIDYAKAR, MAJOR, R/AT NO.25, 3RD MAIN, RAMAIAH LAYOUT, KAMMANAHALLI, BENGALURU PIN CODE-560 084. …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50250 CRL.P No. 16027 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER OF NBW AND FLW DATED 24.09.2025 AGAINST THE PETITIONER IN C.C.NO.59002/2018, ON THE FILE OF THE XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Feeling aggrieved by the issuance of NBW and FLW against the petitioner in CC No.59002/2018 by the Court of XXXIV Additional Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru, he is before this Court seeking to quash the said order. 2. By way of concurrent findings, the petitioner was convicted for an offence under section 138 of N.I.Act, which judgment and order came to be challenged before this Court in Crl.R.P.No.1275/2024, the said revision petition was allowed by this Court vide order dated 17.4.2025, in view of the joint memo filed by the parties, - 3 - HC-KAR NC: 2025:KHC:50250 CRL.P No. 16027 of 2025 wherein, petitioner agreed to pay by way of installments, a total sum of Rs.21 lakhs. 3. In the order, it was made clear that, if the amount as agreed in the joint memo was not paid and there is lapse of even a single payment, the order of the trial Court, confirmed by the First Appellate Court stand restored automatically and the complainant is at liberty to proceed against the accused in accordance with law. It appears that the complainant moved the trial Court for non-compliance of the said order passed by this Court in Crl.R.P.No.1275/2024 and the learned Magistrate has issued NBW and FLW dated 24.9.2025. 4. It is the submission of the learned counsel that the entire amount as agreed in the joint memo has been paid to the complainant i.e., a sum of Rs.21 lakhs by way of installments as under: i. Rs.4,00,000/- on 10.7.2025, ii. Rs.5,00,000/- on 17.7.2025, - 4 - HC-KAR NC: 2025:KHC:50250 CRL.P No. 16027 of 2025 iii. Rs.3,00,000/- on 19.8.2025 iv. Rs.2,50,000/- on 9.9.2025 v. Rs.2,00,000/- on 24.9.2025 vi. Rs.4,50,000/- on 3.11.2025 5. If the above amount totaling to Rs.21 lakhs has been paid by the petitioner, then it is open for him to appear before the trial Court and bring to the notice about the payment made. If the payment is already made as above, the learned Magistrate shall close the proceedings after hearing the complainant, otherwise to proceed further in accordance with law. Accordingly, the following: ORDER I. The NBW and FLW dated 24.9.2025 issued in CC No.59002/2018 by the Court of XXXIV Additional Chief Metropolitan Magistrate, Bengaluru, is hereby set aside. II. The petitioner shall appear before the trial Court on or before 12.12.2025 and furnish details of payment made. - 5 - HC-KAR NC: 2025:KHC:50250 CRL.P No. 16027 of 2025 III. The learned Magistrate on hearing the complaint shall pass necessary orders. IV. If the amount is not paid as stated above, the learned Magistrate shall proceed in the matter in accordance with law. V. Petition is disposed of. Consequently, I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 69