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2026 DAILYLAW 40007 (KAR)

SRI IMRAN SHEIKH v. SMT C V RAJAMMA

CRL.P/7329/2026 · 2026-09-10

Anant Ramanath Hegde

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010345632026 NC: 2026:KHC:49345 CRL.P No. 7329 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 7329 OF 2026 BETWEEN: SRI IMRAN SHEIKH, S/O MOHAMMED SANNAVULLA, AGED ABOUT 37 YEARS, NO.227, 8TH CROSS, MARUTHI LAYOUT, BHUVANESHWARINAGAR, BENGALURU-560057, ALSO AT NO.435 8TH CROSS, 2ND MAIN ROAD, TELECOM LAYOUT, JAKKUR, BENGALURU-560064. …PETITIONER (BY SMT USHA M V, ADVOCATE FOR SRI ASHOK BABU,ADVOCATE) AND: SMT C V RAJAMMA, W/O LATE B S RAJAGOPAL, AGED ABOUT 80 YEARS, NO.95/1, 1ST MAIN ROAD, SESHADRIPURAM, BENGALURU-560020. …RESPONDENT (BY SMT C V RAJAMMA, PARTY-IN-PERSON/RESPONDENT (ABSENT)) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 16.05.2026 PASSED BY THE HONBLE XV ADDL CJM BENGALURU IN C.C.NO.12326/2025 ON AN APPLICATION PREFERED BY THE PETITIONER/ACCUSED Digitally Signed by ANANT RAMNATH HEGDE Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010345632026 NC: 2026:KHC:49345 CRL.P No. 7329 of 2026 U/S.70(2) OF CRPC FOR THE OFFENCE P/US/ 138 OF N I ACT VIDE AT ANNEXURE C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner. There is no representation on behalf of the respondent. 2. This petition is filed challenging the order dated 16.05.2026 in C.C.No.12326/2025 rejecting the application filed by the petitioner are to recall the warrant. The proceedings are under Section 138 of the Negotiable Instruments Act, 1881. The cheque amount is Rs.5,00,000/-. 3. It is submitted that from the last 6 months the accused was not present before the Trial Court. The Trial Court thereafter issued the non-bailable warrant against the accused. The application is filed to recall the warrant on the ground that the accused has unnecessarily remained absent. 4. Learned counsel for the petitioner would submit that the petitioner was working in Delhi at a relevant point of Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010345632026 NC: 2026:KHC:49345 CRL.P No. 7329 of 2026 time as such, because of heavy workload the petitioner could not attend the Court. 5. Considering the submission, the impugned order is set aside. The warrant is recalled subject to the petitioner paying Rs.10,000/- to the complainant as cost. 6. It is made clear that the petitioner shall be present before the Trial Court as and when his presence is required and shall not seek any unnecessary adjournment. Cost shall be paid by the next date. 7. Accordingly, the petition is disposed of. (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 30 Digitally Signed by ANANT RAMNATH HEGDE