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2026 DAILYLAW 53915 (KAR)

R. SIDDU S/O NARASAPPA v. PAMPAPATHI S/O BASAPPA KUMBAR

CRL.P/102218/2021 · 2026-02-04

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1627 CRL.P No. 102218 of 2021 C/W CRL.P No. 102219 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 102218 OF 2021 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 102219 OF 2021 IN CRL.P.NO.102218/2021 BETWEEN: R. SIDDU S/O NARASAPPA AGE 42 YEARS, OCC. BUSINESS, R/O. NEAR ERANNA TEMPLE, ISLAMPUR, GANGAVATHI, DIST. KOPPAL. …PETITIONER (BY SRI. A.M. GUNDAWADE, ADVOCATE) AND: PAMPAPATHI S/O BASAPPA KUMBAR AGE 44 YEARS, OCC. BUSINESS, R/O. HIRE JANTAKAL, TQ. GANGAVATHI GANGAVATHI, DIST. KOPPAL – 583227. …RESPONDENT (BY SRI. JAGADISH PATIL AND SRI. VYAS DESAI, ADVOCATES) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO SET ASIDE THE ORDER DATED 21.10.2019 IN THE CASE BEARING C.C. NO. 282/2019, ARISING OUT OF P.C. NO. 290/2019 AND ALSO ORDER DATED 19.07.2021 IN CRL.REV.P Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1627 CRL.P No. 102218 of 2021 C/W CRL.P No. 102219 of 2021 75/2019, PASSED BY I ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL (SITTINAT AT GANGAVATHI) AGAINST THE PETITIONER, FOR THE ALLEGED OFFENCES U/S 138, OF NEGOTIABLE INSTRUMENTS ACT, ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, GANGAVATHI, BY ALLOWING THE APPLICATION FILED U/S 258, 245 R/W SECTION 259 OF CR.P.C. IN CRL.P.NO.102219/2021 BETWEEN: R. SIDDU S/O NARASAPPA AGE 42 YEARS, OCC. BUSINESS, R/O. NEAR ERANNA TEMPLE, ISLAMPUR, GANGAVATHI, DIST. KOPPAL. …PETITIONER (BY SRI. A.M. GUNDAWADE, ADVOCATE) AND: SHARANABASAPPA S/O BASAPPA AGE 42 YEARS, OCC. BUSINESS, R/O. GUNDAMMA CAMP, GANGAVATHI DIST. KOPPAL. …RESPONDENT (BY SRI. JAGADISH PATIL AND SRI.VYAS DESAI, ADVOCATES) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS OF THE CASE BEARING C.C. NO. 1832/2018, ARISING OUT OF P.C. NO. 195/2018, AGAINST THE PETITIONER, FOR THE ALLEGED OFFENCES U/S 138, 142 OF NEGOTIABLE INSTRUMENTS ACT, ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, GANGAVATHI, BY ALLOWING THE APPLICATION FILED U/S 258, 245 R/W SECTION 259 OF CR.P.C. - 3 - HC-KAR NC: 2026:KHC-D:1627 CRL.P No. 102218 of 2021 C/W CRL.P No. 102219 of 2021 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard learned Advocates for the parties. Order of taking cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act is subject matter of the present petition following the dictum of the Hon’ble Apex Court in the case of Indian Bank Association and Others v. Union of India and Others reported in (2014) 5 SCC 590, the relief of the present petition cannot be granted and all the defences are to be urged by the accused in accordance with law. With that liberty for the accused, following: ORDER Petitions are dismissed. Sd/- (V.SRISHANANDA) JUDGE KAV LIST NO.: 3 SL NO.: 13/ CT-CMU