Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010035592020 NC: 2026:KHC:51475 CRL.P No. 2080 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.2080 OF 2020 BETWEEN:
1.
H.V. ROHIT S/O H.M.VISHWARADHYA AGED ABOUT 40 YEARS, R/AT DAMDEN ZEPHYR APARTMENT PLOT NO.103, KAMSHILAYOUT KAMMANAHALLI LINK ROAD GOTTIGERE, BENGALURU-560 083 ALSO RESIDING AT EAST WEST ROAD NEAR ANNAPOORNESHWARI BAKERY JAYANAGARA BUST STAND NURPAHTUNGA EXTENSION TUMAKURU CITY-572 102.
2.
SMT.MADHURI E. W/O H.V. ROHIT AGED ABOUT 35 YEARS, R/AT DAMDEN ZEPHYR APARTMENT PLOT NO.103, KAMSHILAOUT KAMMANAHALLU LINK ROAD, GOTTIGERE, BENGALURU-560 083
ALSO RESIDING AT EAST WEST ROAD NEAR ANNAPOORNESHWARI BAKERY JAYANAGAR BUS STAND NURPATHUNGA EXTENSION TUMAKURU CITY-572 102. …PETITIONERS (BY SRI. GIRISHA N., ADVOCATE - ABSENT)
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010035592020 NC: 2026:KHC:51475 CRL.P No. 2080 of 2020
AND:
1.
BHANUPRAKASH ARADHYA S/O BHUJANGA BHUSHAN ARADHYA AGED ABOUT 23 YERS, R/AT HUCCHHAVEERAIAHNAPALYA VILLAGE HOLAVANAHALLI HOBLI KORATAGERE TALUK TUMAKURU DISTRICT-572 121. …RESPONDENT
(BY SRI. H. LOKESHA, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO SETASIDE THE IMPUGNED ORDER COGNIZANCE DATED 07.11.2019 FOR THE OFFENCE U/S 138, 142 OF N.I ACT AGAINST ACCUSED PERSONS TAKEN BY THE CIVIL JUDGE AND JMFC, KORATAGERE, TUMAKURU DISTRICT, PRODUCED AT ANNEXURE-A AND TO SET ASIDE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED PERSONS IN C.C.NO.733/2019 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, KORATAGERE, TUMAKURU DISTRICT.
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 petitioners.
2. The challenge is made in this petition for taking cognizance by the Trial Court in C.C.No.733/2019 dated
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HC-KAR
CNR: KAHC010035592020 NC: 2026:KHC:51475 CRL.P No. 2080 of 2020
07.11.2019. The Trial Court also while passing an order taken note of the sworn statement on oath and also considering the documents which have been produced comes to the conclusion that material available on record i.e., Cheque dated 12.09.2019 issued by accused is dishonored on 17.09.2019 and inspite of issuance of statutory notice, the accused has not paid the amount.
3. Having considered the contents of the complaint and sworn statement, comes to the conclusion that there is a prima facie material against the accused. Hence, taken cognizance and issued process and when such order is passed and applied its judicious mind while passing an order taking cognizance, the petitioner cannot find fault with the same.
4. In view of the discussion made above, I pass the following:
ORDER
The criminal petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 31