Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010464762026 NC: 2026:KHC:45251 WP No. 21149 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21149 OF 2026 (GM-RES) BETWEEN:
K.MUNIRAJU, S/O.KEMPANNA, AGED ABOUT 55 YEARS, R/AT NO.366, MATADAHALLI, R.T.NAGAR MAIN ROAD, BANGALORE-560032. …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE) AND:
SRI. K.G.KRISHNA, S/O.LATE GULIGOWDA, AGED ABOUT 49 YEARS, R/AT. NO.1680/55, 5TH A CROSS, 10TH MAIN 2ND BLOCK, BSK 1ST STAGE, BANGALORE-560050. …RESPONDENT (BY SRI. SHARATH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND READ WITH SECTION 528 OF BNSS, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1979/2018 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT, PENDING ON THE FILE OF HON'BLE XXVI ACMM AND SMALL CAUSE JUDGE (SCCH-09) AT BENGALURU, REGISTERED BY THE RESPONDENT IN SO FAR AS PETITIONER IS CONCERNED VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE.
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010464762026 NC: 2026:KHC:45251 WP No. 21149 of 2026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court, seeking the following prayers:
"i. Issue a writ in nature of certiorari or any other writ,
order, or direction to quash the entire proceedings in C.C.No.1979/2018 for the offence punishable under section 138 of Negotiable Instrument Act, pending on the file of Hon'ble XXVI ACMM and Small Cause Judge (SCCH- 09) at Bengaluru, registered by the respondent in so far as petitioner is concerned vide Annexure-B in the interest of justice. ii. Pass such other orders or writ deemed fit and proper in the interest of justice and equity."
2. Heard Sri.Bipin Hegde, learned counsel appearing for the petitioner, Sri.Sharath, learned counsel appearing for the respondent and have perused the material on record. 3. The parties to the lis would submit that the issue in the lis is settled between the parties. This Court in W.P.No.29974/2024, disposed on 10.04.2026 has held as follows:
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HC-KAR
CNR: KAHC010464762026 NC: 2026:KHC:45251 WP No. 21149 of 2026
"The petitioners are before this Court seeking the following prayers:
"Wherefore, it is prayed that this Hon'ble court may be pleased to; i) Issue a writ in nature of certiorari or any other writ, order, or direction to quash the Criminal Case in C.C.No.32827/2021 against the petitioners for the offences punishable under Section 465, 468, 420 read with Section 34 IPC pending on the file of Principal Civil Judge and JMFC, Devanahalli registered by the respondent on the basis of the complaint filed by the respondent No.2 Vide Annexure-D. ii) Issue any other appropriate writ, order or direction as deemed fit to be granted in the facts and circumstances of the case including direction for costs."
2. Heard Sri.Bipin Hegde, learned counsel appearing for the petitioners, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for respondent No.1, Sri.Charan, learned counsel for Sri.Mayur D Bhanu, appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a Joint Memo in that regard. The Joint Memo reads as follows:
"That the Petitioners and Respondent No. 2 most respectfully submit as follows:
1. The petitioners herein are arrayed as Accused Nos. 1 to 4 in C.C.No.32827/2021 for the offences punishable under Section 420, 406 ,407, 465, 468, 471, 120 (B), read with section 34 of IPC on the file of IVth ACMM, Bengaluru, registered by the respondent No.1, which being a non- compoundable in nature. 2.
That the said criminal proceedings were initiated on the basis of a complaint lodged by Respondent No. 2/Complainant, following which the Respondent Police registered the FIR and filed a charge sheet against the petitioners. 3. It is submitted that during the pendency of the proceedings, the Petitioners and Respondent No. 2 have
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HC-KAR
CNR: KAHC010464762026 NC: 2026:KHC:45251 WP No. 21149 of 2026
amicably resolved and settled all their disputes, differences, and grievances through mutual dialogue and the intervention of well-wishers, resulting in a genuine compromise. 4. It is submitted that the respondent No. 2 agrees to withdraw the cases filed before the other courts:
1. C.C.No.1979/2018 pending before the Hon'ble Small Cause Court (SCCH-9) At, Bengaluru. 2. C.C.No.3617/2018 pending before the Hon'ble Addl. Civil Judge & JMFC at Mysore. 3. The respondent no.2 agreed to file a memo along with the petitioner no.1 and agrees for allowing the appeal filed by the 1st petitioner i.e., K. Muniraju in Criminal Appeal No.292/2026. 5. That the settlement has been arrived at voluntarily, without any coercion, undue influence, or pressure from any side. The Complainant has further affirmed that they have no objection to the proceedings being quashed in the interest of justice. 6. That the compromise entered into between the parties is intended to foster good relations and save the career and future prospects of the Accused and the parties involved. 7. That no final judgment has been passed in the case, and this Hon'ble Court is competent to pass any appropriate orders under section 482 of Criminal Procedure. PRAYER
Wherefore, it is most respectfully prayed that this Hon'ble Court may be graciously pleased to: a) Quash the entire Proceedings in C.C.No.32827/2021 for the offences punishable under section 420, 406, 407, 465, 468, 471, 120 (B), R/w section 34 on the file of 4th ACMM, Bengaluru, registered by the respondent No.1, in the interest of justice.
b) Pass any other suitable order as this Hon'ble Court deems fit in the interest of justice and equity."
4. The parties to the lis are present before the Court and are identified by their respective counsels. - 5 -
HC-KAR
CNR: KAHC010464762026 NC: 2026:KHC:45251 WP No. 21149 of 2026
5. In the light of Joint Memo being filed and offences not being against the State, I deem it appropriate to accept the Joint Memo and terminate the proceedings against the petitioners in the subject petition. 6. For the aforesaid reasons, the following:
O R D E R [I] Writ Petition is disposed. [II] Proceedings in C.C.No.32827/2021 pending
before the 4th ACMM, Bengaluru, qua the
petitioners, stand quashed."
What remained was quashment of the proceedings. 4. In the light of the absence of the counsel for the respondent, the matter was adjourned. The parties to the lis would reiterate the factum of settlement. Therefore, I deem it appropriate to terminate the proceedings as against the petitioner. 5. In the light of the order passed by this Court (supra) and for the reasons aforementioned, the following:
ORDER (i) The Writ Petition is allowed.
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HC-KAR
CNR: KAHC010464762026 NC: 2026:KHC:45251 WP No. 21149 of 2026
(ii) The proceedings in C.C.No.1979/2018 pending before the XXVI ACMM and Small Cause Judge (SCCH-09) at Bengaluru, stand quashed, qua the petitioner.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 2 Sl No.: 54