- 1 - HC-KAR NC: 2026:KHC:39 WP No. 38913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 38913 OF 2025 (GM-POLICE) BETWEEN: SRI R MANJUNATH S/O LATE M RADHAKRISHNA SHETTY AGED ABOUT 62 YEARS, OCCUPATION HANDLOOMS BUSINESS R/O 474, BANASHANKARI 1ST STAGE, 2ND BLOCK, 2ND CROSS, HANUMANTHANAGARA, BANGALORE 560050. …PETITIONER (BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE) AND: 1. STATE BY HANUMANTHA NAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:39 WP No. 38913 of 2025 HIGH COURT BUILDING HIGH COURT BANGALORE 560001. 2. B S SOMANATH S/O LATE SHANKARANARAYANA AGED ABOUT 70 YEARS, R/AT NO.59/60, 3RD FLOOR NO.1 SHANKARAMATTE MAIN ROAD, SHANKARAPURAM, BANGALORE 560004. …RESPONDENTS (BY SRI. B. RAVINDRANATH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 SHALL REGISTER A CRIMINAL CASE AGAINST R-2 AS PER COMPLAINT DTD 29.10.2025 VIDE ANX-H WITH IMMEDIATE EFFECT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:39 WP No. 38913 of 2025 ORAL ORDER After being heard for sometime, Mr. Hanumanthappa B. Haravigowdar, the learned counsel for the petitioner, submits that the petition may be dismissed as withdrawn but with liberty to the petitioner to prosecute the remedy available in law to recover a sum of Rs.13,00,000/- payable by the second respondent in compliance with the decree in O.S.No.8350/2019 without prejudice to prosecute the pending proceedings under Section 138 of the Negotiable Instruments Act, 1881. Upon informing Mr. Ravindranath B, the learned Additional Government Advocate, who is called upon to accept notice for the first respondent, the petition stands disposed of with liberty as aforesaid but subject to all just exceptions in law. Sd/- (B M SHYAM PRASAD) JUDGE RB