Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 10888 OF 2025 C/W CRIMINAL PETITION NO. 10745 OF 2025 CRIMINAL PETITION NO. 10867 OF 2025 CRIMINAL PETITION NO. 10905 OF 2025 CRIMINAL PETITION NO. 10909 OF 2025 CRIMINAL PETITION NO. 10911 OF 2025 CRIMINAL PETITION NO. 10916 OF 2025 CRIMINAL PETITION NO. 10917 OF 2025
IN CRL.P No.10888/2025
BETWEEN:
1.
MRS. SINDHU BELLAVI .T.N WIFE OF MR. JAGADEESH M.H.
AGED ABOUT 38 YEARS R/AT NO. 14, 1ST MAIN ROAD 1ST CROSS, KRISHNA GARDEN SHARADA JNANAKSHI LAYOUT RAJAJAJESHWARI NAGARA BENGALURU-560 098.
…PETITIONER
(BY SRI. MOHANA .C, ADVOCATE)
AND:
1.
MR. NIRANJAN .G.E SON OF G. S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE,
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
NEAR COFFEE BOARD DASWAL EXTENSION, MADIKERI-571201.
…RESPONDENT
(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)
THIS CRL.P FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE IMPUGNED
ORDER DATED 16.04.2025 PASSED IN C.C.NO.1389/2025 (PCR NO.152/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE P/US/ 138 OF NI ACT BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE A AND CONSEQUENTLY, QUASH THE CRIMINAL COMPLIANT THEREUNDER VIDE C.C.NO.1389/2025 (PCR NO.152/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE K.
IN CRL.P NO. 10745/2025
BETWEEN:
1. MRS. DEEPTHI G.M.
WIFE OF MR. PRAKASH .M AGED ABOUT 30 YEARS R/AT NO. A-603, VISHWAPRIYA, VERTICAL GARDENS APARTMENTS MYSORE ROAD, PANTARAPALYA NAYANDAHALLI, BENGALURU-560039. ...PETITIONER
(BY SRI. MOHANA .C, ADVOCATE)
AND:
1. MR. NIRANJAN G.E.
SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE NEAR COFFEE BOARD
- 3 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
DASWAL EXTENSION MADIKERI-571201. ...RESPONDENT
(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.04.2025 PASSED IN C.C.NO.1343/2025 (PCR NO.150/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES P/U/S 138 OF NI ACT, BY THE PRL. CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-A AND CONSEQUENTLY, SET-ASIDE THE CRL. COMPLAINT THERUNDER VIDE C.C.NO.1343/2025 (PCR NO.150/2025) ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-K.
IN CRL.P NO.10867/2025
BETWEEN:
1. MR. MANJUNATH .B.V SON OF MR. V. R. VEERABHADRAPPA AGED ABOUT 52 YEARS R/AT NO. 33/4, SHIVA KRUPA KAPPAGAL ROAD, 2ND CROSS SMV NAGARA, VTC BELLARY - 583101. ...PETITIONER
(BY SRI. MOHANA .C, ADVOCATE)
AND:
1. MR. NIRANJAN G.E.
SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD
- 4 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
DASWAL EXTENSION MADIKERI-571201. ...RESPONDENT
(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.04.2025 PASSED IN C.C.NO.1344/2025 (PCR NO.151/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED O/P/U/S 138 OF N.I ACT, BY THE PRINCIPAL CIVIL JUDGE AND JMFC MADIKERI AS PER ANNEXURE A AND CONSEQUENTLY, SET ASIDE THE CRIMINAL COMPLIANT THEREUNDER VIDE C.C.NO.1344/2025 (PCR NO.151/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC MADIKERI AS PER ANNEXURE K.
IN CRL.P NO. 10905/2025
BETWEEN:
1. MR.
10905/2025
BETWEEN:
1. MR. MOHITH GOWDA P.R.
SON OF MR. PRAKASH .M AGED ABOUT 24 YEARS R/AT NO 512/130, 8TH MAIN ROAD 4TH CROSS, VIJAYANAGAR BENGALURU-560040. ...PETITIONER
(BY SRI. MOHANA .C, ADVOCATE)
AND:
1. MR. NIRANJAN G.E.
SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD DASWAL EXTENSION
- 5 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
MADIKERI-571201. ...RESPONDENT
(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN C.C.NO.1385/2025 TAKING (PCR NO.142/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-A AND CONSEQUENTLY, SET-ASIDE THE CRIMINAL COMPLAINT THEREUNDER VIDE CC NO.1385/2025 (PCR NO.142/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE - K.
IN CRL.P NO. 10909/2025
BETWEEN:
1. MR. MOHITH GOWDA .P.R SON OF MR. PRAKASH.M.
AGED ABOUT 24 YEARS R/AT NO. 512/130, 8TH MAIN ROAD 4TH CROSS, VIJAYANAGAR BENGALURU-560 040. ...PETITIONER (BY SRI. MOHANA .C, ADVOCATE)
AND:
1. MR. NIRANJAN G.E.
SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD DASWAL EXTENSION, MADIKERI-571201. ...RESPONDENT
(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)
- 6 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN C.C.NO.1384/2025 (PCR NO.141/2025) TAKING
COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE A AND CONSEQUENTLY, SET-ASIDE THE CRIMINAL COMPLAINT THEREUNDER VIDE CC NO.1384/2025 (PCR NO.141/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-K.
IN CRL.P NO. 10911/2025
BETWEEN:
1. MRS. RASHMI .G.M WIFE OF MR. NAGABHUSHAN .N.G AGED ABOUT 42 YEARS R/AT NO. 1359, 1ST H MAIN 8TH CROSS, 2ND PHASE, GIRINAGAR BANASHANKARI 3RD STAGE BENGALURU-560 085. ...PETITIONER
(BY SRI. MOHANA .C, ADVOCATE)
AND:
1. MR. NIRANJAN .G.E SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE NEAR COFFEE BOARD DASWAL EXTENSION MADIKERI-571201. ...RESPONDENT
(BY SRI.
BIMBADHAR M. GOWDAR, ADVOCATE)
- 7 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN CC NO.1387/2025 (PCR NO.144/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES U/S 138 OF NI ACT BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-A AND CONSEQUENTLY, SET-ASIDE THE CRIMINAL COMPLAINT THEREUNDER VIDE CC NO.1387/2025 (PCR NO.144/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC MADIKERI AS PER ANNEXURE-K.
IN CRL.P NO. 10916/2025
BETWEEN:
1. MRS. RASHMI G.M.
WIFE OF MR NAGABHUSHAN N.G.
AGED ABOUT 42 YEARS R/AT NO. 1359, 1ST H MAIN 8TH CROSS, 2ND PHASE GIRINAGAR, BANASHANKARI 3RD STAGE BENGALURU-560 085. ...PETITIONER
(BY SRI. MOHANA .C, ADVOCATE)
AND:
1. MR. NIRANJAN G.E.
SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD DASWAL EXTENSION, MADIKERI-571201. ...RESPONDENT
(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)
- 8 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
THIS CRL.P IS FILED U/SEC.482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN CC.NO.1386/2025 (PCR NO.143/20250 TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES P/U/S. 138 OF N.I. ACT, BY THE PRL. CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-A AND CONSEQUENTLY, SET-ASIDE THE CRIMINAL COMPLAINT THEREUNDER VIDE CC NO.1386/2025 (PCR NO.143/2025) ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-K.
IN CRL.P NO. 10917/2025
BETWEEN:
1. MR. MANJUNATH B.V.
SON OF MR V.R. VEERABHADRAPPA AGED ABOUT 52 YEARS R/AT NO. 33/4, SHIVA KRUPA KAPPAGAL ROAD, 2ND CROSS SMV NAGARA, VTC BELLARY-583 101. ...PETITIONER
(BY SRI. MOHANA .C, ADVOCATE)
AND:
1. MR. NIRANJAN G.E.
SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD DASWAL ESTENSION, MADIKERI-571201. ...RESPONDENT
(BY SRI.
BIMBADHAR M. GOWDAR, ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.04.2025 PASSED IN CC.NO.1388/2025 (PCR.NO.149/2025)
- 9 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 138 OF N.I ACT, BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERE, AS PER ANNEXURE-A AND CONSEQUENTLY SET ASIDE THE CRIMINAL COMPLAINT THERE UNDER VIDE CC.NO.1388/2025 (PCR.NO.149/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERE, AS PER ANNEXURE-K.
THESE PETITIONS, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned counsel for the petitioner in these batch of petitions has extensively argued the case. When this Court expressed that this Court was not inclined to grant indulgence, at this juncture, learned counsel for the petitioner has sought leave of the Court to withdraw the petitions along with liberty to raise grounds by way of defence in the pending criminal proceedings in C.C.No.1389/2025, C.C.No.1343/2025, C.C.No.1344/2025, C.C.No.1385/2025, C.C.No.1384/2025, C.C.No.1387/2025, C.C.No.1386/2025 and C.C.No.1388/2025 on the file of the Principal Civil Judge and JMFC, Madikere.
- 10 -
HC-KAR NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 AND 5 OTHERS
2. Recording his submission, these petitions are dismissed as withdrawn.
3. However, liberty is reserved to the petitioners to urge their grounds by way of defence in the pending criminal proceedings in C.C.No.1389/2025, C.C.No.1343/2025, C.C.No.1344/2025, C.C.No.1385/2025, C.C.No.1384/2025, C.C.No.1387/2025, C.C.No.1386/2025 and C.C.No.1388/2025 on the file of the Principal Civil Judge and JMFC, Madikere. Pending applications, if any, are also dismissed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 16