Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010542962019 NC: 2026:KHC:51472 CRL.P No. 1461 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.1461 OF 2020 BETWEEN:
1. C.RAJALAKSHMI W/O C. KRISHNAMURTHY (TDP COUNCILAR) AGED ABOUT 45 YEARS R/O VIDYANAGAR COLONY GUDIYATHAM ROAD PALAMANER TOWN CHITTUR DISTRICT ANDRA PRADESH-517 408. …PETITIONER
(BY SRI. GIRISH M.K., ADVOCATE - ABSENT)
AND:
1.
MADEGOWDA T, S/O THIMMEGOWDA AGED ABOUT 38 YEARS, R/O SINGANAMANE VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISRICT PIN-577 301. …RESPONDENT
(RESPONDENT SERVED UNREPRESENTED)
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010542962019 NC: 2026:KHC:51472 CRL.P No. 1461 of 2020
THIS CRIMINAL PETITION FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC BADRAVATHI DATED 27.06.2019 TAKING COGNIZANCE IN P.C.R.NO.39/2018 AND REGISTERING A CRIMINAL CASE IN C.C.NO.517/2019 AND ISSUING SUMMONS TO THE PETITIONER FOR THE OFFENCE P/U/S.138 OF NI ACT AND INITIATION OF PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.517/2019 BEFORE THE LEARNED ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BADRAVATHI BY ALLOWING THIS PETITION.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER This matter is called twice in the morning and also in the afternoon, no representation on behalf of the petitioner.
2. Having perused the material on record, relief is sought to set aside the
order taking cognizance in P.C.R.No.39/2018 and registering a criminal case in C.C.No.517/2019 for the offence punishable under Section 138 of N.I. Act.
3. The Trial Court having considered the material on record, particularly documents of Exs.P4, P5 and other documents and the averments made in the complaint and so
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HC-KAR
CNR: KAHC010542962019 NC: 2026:KHC:51472 CRL.P No. 1461 of 2020
also sworn statement comes to the conclusion that there is a prima facie case to take cognizance for the offence under Section 138 of N.I. Act. When such reasoning is given by the Trial Court while taking cognizance, matter requires trial. Hence, no grounds to entertain the petition under Section 482 of Cr.P.C. Accordingly, the petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 24