- 1 - HC-KAR NC: 2025:KHC:45226 CRL.P No. 15063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15063 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. Y. S. V. DATTA, S/O SURYANARAYANA Y V, AGED ABOUT 60 YEARS, YAGATTI VILLAGE, KADUR TALUK, CHIKKAMAGALURU DISTRICT, PIN 577 140. …PETITIONER (BY SRI. RAVISHA M G., ADVOCATE) AND: SRI. B. N. SHIVASHANKAR, S/O LATE NANJUNDAPPA, AGED ABOUT 75 YEARS, NO. 842, 1ST PHASE, 1ST STAGE 14TH CROSS, CHANDRA LAYOUT, BENGALURU-560 072. …RESPONDENT (BY SRI. B.N. SHIVAKUMAR, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER OF NON BAILABLE WARRANT AND ATTACHMENT WARRANT IN QUESTION DT.28.10.2025 I.E., DOCUMENT NO.1. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45226 CRL.P No. 15063 of 2025 ORAL ORDER Respondent/Complainant initiated the proceedings before the Trial Court, alleging an offence punishable under section 138 of NI Act. 2. During pendency of the case before the Trial Court, a joint memo was filed wherein the accused and the complainant have settled the matter. As against Rs.45,00,000/-, accused undertook to pay a sum of Rs.30,00,000/- which was agreed by the complainant. It is submitted by both the learned counsel that out of the said amount as on today, a sum of Rs.6,90,000/- has been paid by the accused. Since the entire amount was not paid, as agreed within the stipulated time i.e., by 15.11.2025, learned Magistrate has issued NBW and warrant of attachment against the petitioner. 3. Learned counsel for the petitioner submits that today petitioner is paying a sum of Rs.6,00,000/- (Rupees Six lakhs only) to the respondent/complainant, who is present before this court. - 3 - HC-KAR NC: 2025:KHC:45226 CRL.P No. 15063 of 2025 4. Learned counsel for the petitioner submits if some more time is granted, he will pay the entire amount as per the joint memo. 5. Since, Rs.6,00,000/- has been paid today, the complainant has received a total sum of Rs.12,90,000/- as against the agreed sum of Rs.30,00,000/-, for which the parties have settled the matter. The balance payable is Rs.17,10,000/-, out of the said amount, petitioner shall pay a sum of Rs.5,00,000/- to the complainant on 22.11.2025. The balance amount shall be paid within one month, thereafter. 6. The order passed by the XLII Addl. Chief Judicial Magistrate, Bengaluru city, in C.C.No.12138/2023 issuing non bailable warrant and attachment warrant is hereby set aside. This criminal petition is disposed of. Both the parties are directed to appear before the Trial Court on 22.11.2025. - 4 - HC-KAR NC: 2025:KHC:45226 CRL.P No. 15063 of 2025 If the amount is not paid within the time prescribed by the court, learned Magistrate shall proceed further, in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE AKV List No.: 1 Sl No.: 13