Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14636 WP No. 6023 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6023 OF 2025 (GM-RES) BETWEEN:
A HANUMANTHARAJU, S/O ANJANAPPA, AGED ABOUT 56 YEARS, R/O DANOJIPALYA, KASABA HOBI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, KARNATAKA - 562 123. …PETITIONER (BY SRI. SHARATH KUMAR SHETTY, ADVOCATE)
AND:
1.
A) NARASIMHAIAH V, SINCE DECEASED BY HIS LRS,
SMT. VARALAKSHMI, W/O LATE NARASIMHAIAH V, AGED ABOUT 55 YEARS,
B) PRAVEEN N, S/O LATE NARASIMHAIAH V, AGED ABOUT 31 YEARS,
C) KIRAN N, S/O LATE NARASIMHAIAH V, AGED ABOUT 31 YEARS,
ALL ARE R/AT NO. 09, 4TH MAIN, SHANKARANAGARA, NANDINI LAYOUT, BANGALORE 560 096. …RESPONDENTS (BY SRI. B. RAMESH, ADVOCATE)
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:14636 WP No. 6023 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, R/W SECTION 482 CR.P.C/528 OF THE BNSS, 2023 PRAYING TO ALLOW THIS PETITION AND QUASH THE PROCEEDINGS AGAINST THE PETITIONER AS ACCUSED IN CC NO. 1675/2023 FOR ALLEGED OFFENCES U/S 138 AND 141 OF NI ACT ON THE FILE HON'BLE IV ADDL. SMALL CAUSES JUDGE AND ACMM COURT (SCCH-06), BANGALORE CITY AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this court seeking the following prayers:
"a) Allow this petition and quash the proceedings against the petitioner as Accused in CC.No. 1675/2023 for alleged offences U/s 138 & 141 of NI Act on the file of Hon'ble IV Addl.Small Causes Judge & ACMM Court (SCCH-06), Bangalore city,
b) Call for the case records in CC.No. 1675/2023 for alleged offences U/s 138 of NI Act on the file of Hon'ble VI Addl. Small Causes Judge & ACMM Court (ACCSH_06), Bangalore city,
c) Grant such other relief/s as this Hon'ble court deems fit to grant, in the interest of justice."
2. Heard Sri.Sharath Kumar Shetty, learned counsel appearing for the petitioner, Sri.B.Ramesh, learned counsel appearing for the respondents and have perused the material on record.
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HC-KAR NC: 2026:KHC:14636 WP No. 6023 of 2025
3. The Coordinate Bench of this Court on 27.02.2025 had passed the following order:
"Learned counsel for the petitioner submits that he restricts the relief sought for by him to only seeking further cross-examination of PW.1 and to adduce defence evidence, which has not been done till today and the matter has been posted for pronouncement of judgment tomorrow.
The said submission is placed on record.
Issue emergent notice to the respondents returnable by 20.03.2025.
Learned counsel for the petitioner is directed to serve the learned counsel appearing for the respondent before the Trial Court.
In the meanwhile, all further proceedings in C.C.No.1675/2023 pending before the IV Additional Small Causes Judge and ACMM Court (ACCSH-06), Bengaluru City including pronouncement of judgment by the Trial Court are hereby stayed till the next date of hearing.
Liberty is reserved in favour of respondents to seek vacation / modification of this order."
4. The prayer of the petitioner was restricted only to permitting further cross examination of PW1. The learned counsel Sri.B. Ramesh representing the respondents would submit that the same prayer was sought before the Court of Session in Criminal Revision Petition No.82/2025 and the Court has passed the following order:
"Order pronounced in open Court vide separate
order with following operative portion:
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HC-KAR NC: 2026:KHC:14636 WP No. 6023 of 2025
ORDER The Revision Petition filed by the petitioner under Section 397 of Criminal Procedure Code is allowed subject to payment of cost of Rs.500/-.
The order dated 13.02.2025 in CC.No.1675/2023 passed by the IV ACJM, Bengaluru is set aside.
Consequently, the learned Magistrate is directed to permit the revision petitioner/accused to further cross examine PW.1 and shall give an opportunity to revision petitioner to lead defense evidence if he desire so.
The revision petitioner is directed to proceed with further cross examination of PW.1 without seeking any adjournments.
Forward a copy of this order to the learned trial Court forthwith."
5. In the light of the relief being granted to the petitioner by the Revisional Court, nothing further would survive for consideration of the hands of this Court.
The Writ Petition is
disposed as having become unnecessary.
Sd/- (M.NAGAPRASANNA) JUDGE
CBC List No.: 1 Sl No.: 72