Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010308352025 NC: 2026:KHC:48919 CRL.P No. 6700 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 6700 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN:
CAN FIN HOMES LTD A NON BANKING HOUSING FINANCE COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS BRANCH OFFICE AT NO.14, KRISHNA TOWERS, OUTER RING ROAD CROSS, (SERVICE ROAD) MARATHAHALLI BENGALURU - 560037 REPRESENTED BY ITS MANAGER AUTHORISED OFFICER AND AUTHORISED SIGNATORY SHIVA V R AGED ABOUT 31 YEARS MOBILE NO. 7200039999
…PETITIONER (BY SRI. NARAYANA SWAMY D.,ADVOCATE)
AND:
SMT. PREETHI DAUGHTER OF KRISHNAPPA POOJARY, AGED ABOUT 32 YEARS, RESIDING AT NAILA HOUSE, NARIKOMBU POST AND VILLAGE, BANTWALA TALUK, DAKSHINA KANNADA KARNATAKA - 574231
…RESPONDENT
Digitally Signed By:
SURAJ GOVINDA RAJ 18/09/2026, 17:23, BENGALURU Verified
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HC-KAR
CNR: KAHC010308352025 NC: 2026:KHC:48919 CRL.P No. 6700 of 2025
THIS CRIMINAL PETITION IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO ISSUE AN ORDER, DIRECTION OR ANY KIND OF ORDERS DIRECTING THE LEARNED XXXIV ACMM BENGALURU CITY TO DISPOSE OF C.C NO.51458/2020 FILED AGAINST THE RESPONDENT FOR THE OFFENCE P/US/ 138 OF NI ACT 1881 VIDE ANNEXURE D IN TIME BOUND MANNER. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs; a. Issue an order, direction or any kind of orders directing the learned XXXIV Additional Chief Judicial Magistrate Bengaluru City to dispose of CC No.51458/2020 filed against the Respondent for the offences committed under Section 138 of Negotiable Instruments Act, 1881 vide Annexure- D in time bound manner. b. Pass any other order or direction as deems fit under the circumstances of the case as deems fit under the circumstances explained above in the interest of justice and equity. 2. A memo dated 09.09.2026 has been filed and signed by the learned counsel for the petitioner, which reads as under;
MEMO FOR WITHDRAWAL
The Petitioner above named respectfully submits as follows:
Digitally Signed By:
SURAJ GOVINDA RAJ 18/09/2026, 17:23, BENGALURU Verified
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HC-KAR
CNR: KAHC010308352025 NC: 2026:KHC:48919 CRL.P No. 6700 of 2025
1.
The above Criminal Petition has been filed by the Petitioner before this Hon'ble Court in respect of the proceedings arising out of C.C. No.51458/2020 pending before the Court of the XXXIV Additional Chief Judicial Magistrate, Mayo Hall Unit, Bengaluru. 2. During the pendency of the above Criminal Petition, the learned Trial Court has proceeded with the matter and has pronounced the Judgment dated 02.03.2026 in C.C. No.51458/2020. The learned Trial Court has convicted the Respondent/Accused for the offence punishable under Section 138 of the Negotiable Instruments Act. 3. The learned Trial Court has further sentenced the Respondent/Accused to pay a fine of Rs.3,65,374/- (Rupees Three Lakhs Sixty-five Thousand Three Hundred and Seventy-four only), out of which Rs.3,60,374/- (Rupees Three Lakhs Sixty Thousand Three Hundred and Seventy-four only) has been ordered to be paid to the Complainant/Petitioner as compensation. 4. In view of the Judgment having already been pronounced by the learned Trial Court, the prayer sought for in the present Criminal Petition has become infructuous, and the Petitioner does not wish to prosecute the present petition any further. 5. The Petitioner therefore seeks permission of this Hon'ble Court to withdraw the above Criminal Petition as the same has become infructuous. PRAYER
Wherefore, the Petitioner most respectfully prays that this Hon'ble Court may be pleased to permit the Petitioner to withdraw CRL.P. No.6700/2025 as having become infructuous, in the interest of justice and equity. Digitally Signed By:
SURAJ GOVINDA RAJ 18/09/2026, 17:23, BENGALURU Verified
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HC-KAR
CNR: KAHC010308352025 NC: 2026:KHC:48919 CRL.P No. 6700 of 2025
3. Accepting the said memo and submission of learned counsel for the petitioner, the petition is dismissed as withdrawn. (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 21
Digitally Signed By:
SURAJ GOVINDA RAJ 18/09/2026, 17:23, BENGALURU Verified