- 1 - HC-KAR NC: 2026:KHC:3397 CRL.P No. 4047 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4047 OF 2025 BETWEEN: 1. SRI NAGARAJU B, S/O. LATE BASARAVAPPA, AGED ABOUT 46 YEARS, RESIDING AT 580, 4TH MAIN, 4TH CROSS, BEML LAYOUT, 60 FEET ROAD, RAJARAJESHWARI NAGAR, BANGALORE - 560 098. …PETITIONER (BY SRI. MAHADEVA SWAMY M., ADVOCATE) AND: 1. SRI R N CHANDRA CHOODA, S/O. LATE NIJAGUNAIAH, AGED ABOUT 45 YEARS, RESIDING AT 402-A SRINIDI RESIDENCY, BASAVANAGAR MAIN ROAD, MARATHAHALLI, BANGALORE - 560 037. …RESPONDENT (BY SRI.GIRI K., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASHING THE IMPUGNED ORDER DTD. 07.02.2025 PASSED BY THE ADDL. CITY CIVIL AND SESSIONS JUDGE, AT MAYOHALL BANGALORE(CCH-75) IN CRL.RP Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3397 CRL.P No. 4047 of 2025 NO.25088/2025 AND IMPUGNED ORDER DATED 15.07.2024 PASSED BY THE 34TH ADDL. ACMM, MAYOHALL AT BANGALORE IN C.C.NO.52119/2021. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused is before this Court in this Criminal petition filed under Section 482 of Cr.PC with a prayer to set aside the order dated 07.02.2025 passed by the Court of LXXIV Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, in Crl.R.P.No.25088/2024 and the order dated 15.07.2024 passed by the Court of XXXIV Additional Metropolitan Magistrate, Mayohall Unit, Bengaluru in C.C.No.52119/2021. 2. Heard the learned counsel for the parties. 3. Learned Counsel for the petitioner submits that Trial Court has passed the order impugned dated 15.07.2024 on the application filed by the - 3 - HC-KAR NC: 2026:KHC:3397 CRL.P No. 4047 of 2025 respondent/complainant under Section 143(A) of the Negotiable Instrument Act, 1881 (for short 'N.I.Act') even before the plea of the accused was recorded and the same is not permissible. The Criminal revision petition filed against said order was dismissed as not maintainable. Therefore, petitioner is before this Court. 4. Learned counsel for the respondent/complainant submits that subsequently the plea of the petitioner/accused has been recorded before the Trial Court and he has pleaded not guilty and the case is now at the stage of trial. Accordingly, he prays to dismiss this petition. 5. Respondent herein has initiated proceedings against the petitioner/accused for the offence punishable under Section 138 of the N.I.Act before the Court of XXXIV Additional Metropolitan Magistrate, Mayohall Unit, Bengaluru in C.C.No.52119/2021. In the said proceedings, he had filed an application under Section 143(A) of the - 4 - HC-KAR NC: 2026:KHC:3397 CRL.P No. 4047 of 2025 N.I.Act, after the accused had entered appearance before the Trial Court. The Trial Court has allowed the said application and has directed the accused to deposit 10% of the cheque amount before the Trial Court. 6. It is not in dispute that subsequent to the order impugned that was passed on the application filed by the respondent/complainant under Section 143(A) of the N.I.Act, the plea of the petitioner/accused was recorded and since he had pleaded not guilty, the trial in the case has already commenced. Under the circumstances, I do not find any good ground to interfere with the order impugned. Though, the learned Magistrate has passed the order impugned before recording of the plea, which is not permissible, the procedural error committed by the learned Trial Court has not caused any hardship or injustice to the petitioner/accused. - 5 - HC-KAR NC: 2026:KHC:3397 CRL.P No. 4047 of 2025 7. Under the circumstances, I am of the opinion that the order impugned does not call for any interference. Accordingly, the Criminal petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 29