BALARAM M v. ANNAPOORNA TRADING COMPANY GENERAL MERCHANTS AND COMMN.
CRL.P/100731/2024 · 2026-02-09
V Srishananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5444 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5444 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:1936 CRL.P No. 100731 of 2024
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100731 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN:
BALARAM M.
AGE 45 YEARS, OCC. AGRICULTURE R/O. MARUTI CAMP, SIDDARAMANAHALLI, TQ. KURAGOD, DIST. BALLARY 583104. …PETITIONER (BY SRI. ANAND L. BAGEWADI, ADVOCATE)
AND:
ANNAPOORNA TRADING COMPANY GENERAL MERCHANTS AND COMMN.
AGENTS, APMC YARD, BYADAGI R/BY ITS PROPRIETOR SRI PARMESHWARAPPA S/O FAKKIRAPPA SANGANAGOUDAR AGE 45 YEARS, OCC. BUSINESS R/O. BYADAGI TQ. BYADAGI, DIST. HAVERI 583110 …RESPONDENT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO CALL FOR RECORDS AND TO QUASH THE IMPUGNED
ORDER DATED 27.01.2023 PASSED BY THE CIVIL JUDGE AND JMFC, BYADGI, IN C.C.NO. 343/2023 (P.C.R. NO 07/2023), AND ALSO
ORDER 12.09.2023 ORDERED FOR TAKING COGNIZANCE FOR AN OFFENCE P/U/SEC. 138 OF NI ACT, VIDE ANNEXURE-A, BY ALLOWING THIS CRIMINAL REVISION PETITION, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATKA DHARWAD BENCH Date: 2026.02.11 15:04:05 +0530
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HC-KAR NC: 2026:KHC-D:1936 CRL.P No. 100731 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri.Anand Bagewadi,
learned counsel appearing for the petitioner and Sri.Hanumanthareddy Sahukar,
learned counsel appearing for the respondent.
2. The accused has approached this Court with the following prayer: Wherefore, it is most humbly prayed that this Hon’ble Court be pleased to call for records and to quash the impugned order dated 27.01.2023 passed by the Civil Judge and JMFC, Byadgi, in C.C.No.343/2023(P.C.R.No.07/2023), and also order 12.09.2023 ordered for taking cognizance for an offence punishable under Section 138 of N.I.Act, vide Annexure-A, by allowing this criminal revision petition, in the interest of justice and equity.
3. The main ground on which the pending proceedings are sought to be quashed is that no sworn statement has been recorded. Such a requirement is, however, not prescribed in the authoritative pronouncement of the Hon'ble Supreme Court in
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HC-KAR NC: 2026:KHC-D:1936 CRL.P No. 100731 of 2024
the case of Indian Bank Association and others vs. Union of India and others1.
4. Accordingly, there are no grounds to quash the pending proceedings.
5. Hence, the following order,
ORDER The petition is dismissed.
Sd/- (V.SRISHANANDA) JUDGE
RHR/-CT-CMU LIST NO.: 3 SL NO.: 23
1 (2014) 5 SCC 590