- 1 - HC-KAR CNR: KAHC010152362026 NC: 2026:KHC:49847 CRL.P No. 3279 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 3279 OF 2026 BETWEEN: K N RAGHAVENDRA, S/O K.S.NANJUNDAPPA, VASAVI LAYOUT, NEAR KARYANSIDHI VEERANJANEYA TEMPLE, AGED 39 YEARS, R/AT NO.202/10, C.K.PALY, HULLAHALLI, BANNERGHATTA ROAD, BANGALORE - 560 083. …PETITIONER (BY SRI MANJUNATH B R,ADVOCATE) AND: SMT SUDHA A, W/O ARUN KUMAR.P, AGED 37 YEARS, R/AT NO.20, 2ND CROSS, CHRISTIAN COLONY, BANGALORE NORTH BANGALORE-560 021. …RESPONDENT (BY SRI MANJUNATHA B. V,ADVOCATE) 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 20.02.2026 PASSED ON APPLICATION FILED U/S.310 OF CRPC R/W SEC.347 OF BNSS 2023 ALLOW THE SAID APPLICATION FILED IN C.C.NO.5700/2023 PENDING ON THE FILE OF IV ADDL JUDGE AND MEMBER, ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL Digitally Signed by ANANT RAMNATH HEGDE on 17-09-2026 - 2 - HC-KAR CNR: KAHC010152362026 NC: 2026:KHC:49847 CRL.P No. 3279 of 2026 CAUSES AT BENGALURU (SCCH-6) REGISTRATION FOR THE OFFENCE P/US/ 138 OF NI ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed to quash the order dated 20.02.2026 rejecting the application under Section 310 of Code of Criminal Procedure, 1973 read ('Cr.P.C.') with Section 347 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS'). 2. The petitioner is the accused before the Trial Court in a proceeding under Section 138 of the Negotiable Instruments Act, 1881. The application is filed to appoint a Court Commissioner to make the spot inspection. The petitioner probably wanted to establish the fact that there is no fence around the property which is sold by the complainant/respondent. 3. It is the contention of the petitioner that the complainant/seller promised to fence the property and form a road before selling the property and though the property is sold, the fence is not put by the complainant and road is not formed by the Digitally Signed by ANANT RAMNATH HEGDE on 17-09-2026 - 3 - HC-KAR CNR: KAHC010152362026 NC: 2026:KHC:49847 CRL.P No. 3279 of 2026 complainant. Thus, would contend that petitioner is not liable to pay the cheque amount. 4. The respondent's contention is, the property is sold through registered sale deed. At the time of registration of the sale deed, there was no obligation to put the fence and form the road on the part of the complainant/vendor and for this reason, Rs.2,00,000/- is deducted from the original consideration amount which is agreed to be paid to the complainant. 5. Since it is submitted by the learned counsel for the complainant that fence is not put as the complainant allegedly was not under any obligation to put the fence or form the road, the Court is of the view that, order rejecting the application for appointing a Commissioner need not be interfered with. 6. Hence, the petition is dismissed. (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 17 Digitally Signed by ANANT RAMNATH HEGDE on 17-09-2026