- 1 - HC-KAR NC: 2026:KHC-D:563 CRL.P No. 101476 of 2020 C/W CRL.P No. 101471 of 2020 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101476 OF 2020 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 101471 OF 2020 IN CRL.P NO. 101476/2020: BETWEEN: UDAYKUMAR S/O GANGADHAR SABOJI AGE. 44 YEARS, OCC. PROPRIETARY/OWNER OF NIRANJAN MEDICAL AND GENERAL STORES, R/O. NEAR BUSTAND POST. ITNAL, TQ. RAYABAG, DIST. BELAGAVI AND ALSO RESIING VIDYA NAGAR RABAKAVI, TQ. JAMKHANDI, DIST. BAGALKOT-587313. …PETITIONER (BY SRI. M.C. HUKKERI, ADVOCATE) AND: GOVIND S/O. SHYAMSUNDAR LADDA AGE. 41 YEARS, OCC. BUSINESS, R O PROPRIETOR OF SAI RAM PHARMA BANAHATTI TQ. JAMKHANDI, DIST. BAGALKOT-587313. …RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 25/09/2020 PASSED ON APPLICATION FILED BY THE ACCUSED UNDER SECTION 245(2) AND 258 OF CR.P.C. IN C.C.NO. 423/2016 BY THE COURT JMFC BANAHATTI UNDER SECTION 138 NI ACT AND DISMISS THE C.C. NO.423/2016 AS NOT MAINTAINABLE SINCE THE ORDER PASSED IN FR.PCR.NO.38/2015 BY THE PRINCIPLE CIVIL JUDGE AND Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:563 CRL.P No. 101476 of 2020 C/W CRL.P No. 101471 of 2020 JMFC JAMKHANDI DATED 24/02/2015 IS ATTAINED FINALITY IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P NO. 101471/2020: BETWEEN: UDAYKUMAR S/O. GANGADHAR SABOJI AGE. 44 YEARS, OCC. PROPRIETARY / OWNER OF NIRANJAN, MEDICAL AND GENERAL STORES, R/O. NEAR BUSTAND, POST. ITNAL, TQ. RAYABAG, DIST. BELAGAVI, AND ALSO RESIDING VIDYA NAGAR, RABAKAVI, TQ. JAMKHANDI, DIST. BAGALKOT-587313. ...PETITIONER (BY SRI. M.C. HUKKERI, ADVOCATE) AND: GOVIND S/O. SHYAMSUNDAR LADDA AGE. 41 YEARS, OCC. BUSINESS, R/O PROPRIETOR OF SAI RAM PHARMA BANAHATTI TQ. JAMKHANDI, DIST. BAGALKOT-587313. ...RESPONDENT (BY SRI. S.C. BHUTI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 25/09/2020 PASSED ON APPLICATION FILED BY THE ACCUSED UNDER SECTION 245(2) AND 258 OF CR.P.C. IN C.C.NO. 424/2016 BY THE COURT JMFC BANAHATTI UNDER SECTION 138 NI ACT AND DISMISS THE C.C. NO.424/2016 AS NOT MAINTAINABLE SINCE THE ORDER PASSED IN FR.PCR.NO.39/2015 BY THE PRINCIPLE CIVIL JUDGE AND JMFC JAMKHANDI DATED 24/02/2015 IS ATTAINED FINALITY IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR NC: 2026:KHC-D:563 CRL.P No. 101476 of 2020 C/W CRL.P No. 101471 of 2020 THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. M. C. Hukkeri, learned counsel for the petitioner and Sri. S. C. Bhuti, learned counsel for the respondent. 2. An application filed under Sections 245(2) and 258 of the Code of Criminal Procedure, 1973, seeking discharge of the accused in proceedings under Section 138 of the Negotiable Instruments Act, is the subject matter of the present petition. 3. Admittedly, the proceedings before the Trial Magistrate is a summary proceedings. Therefore, an application seeking discharge in such proceedings is not be maintainable and was rightly dismissed by the learned Trial Magistrate. 4. Hence, there are no grounds to interfere with the impugned order. - 4 - HC-KAR NC: 2026:KHC-D:563 CRL.P No. 101476 of 2020 C/W CRL.P No. 101471 of 2020 5. Accordingly, the following: ORDER Both the petitions are hereby dismissed. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 2 SL NO.: 21