Mrs. Sindhu Bellavi T N., Vs Mr. Niranjan G E. — Cheque Dishonour | Karnataka HC (2025)

Mrs. Sindhu Bellavi T N., Vs Mr. Niranjan G E. — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty reserved to the petitioners to urge their grounds by way of defence in the pending criminal proceedings in C.C.Nos. 1389/2025, 1343/2025, 1344/2025, 1385/2025, 1384/2025, 1387/2025, 1386/2025 and 1388/2025 on the file of the Principal Civil Judge and JMFC, Madikere.

Issue for consideration

Whether the criminal petitions under Section 482 Cr.P.C (filed under Section 528 BNSS) seeking quashing/set-aside of the cognizance orders dated 15.04.2025 and 16.04.2025 passed in C.C.Nos. 1343, 1344 and 1384 to 1389 of 2025 (offences under Section 138 of the NI Act) by the Principal Civil Judge and JMFC, Madikeri should be allowed.

Ratio / Principle

When the Court expressed that it was not inclined to grant indulgence, learned counsel for the petitioners sought leave to withdraw the petitions along with liberty to raise grounds by way of defence in the pending criminal proceedings; recording that submission, the batch of eight criminal petitions is dismissed as withdrawn.

Key takeaways

Liberty is reserved to the petitioners to urge their grounds by way of defence in the pending criminal proceedings in C.C.Nos. 1389, 1343, 1344, 1385, 1384, 1387, 1386 and 1388 of 2025 on the file of the Principal Civil Judge and JMFC, Madikere.ratio¶¶122
Pending applications, if any, in these petitions are also dismissed.ratio¶¶123

Detailed headnote1 paragraphs

Batch of eight criminal petitions under S.482 Cr.P.C (also filed under S.528 BNSS) by Sindhu Bellavi T.N., Deepthi G.M., Manjunath B.V., Mohith Gowda P.R. and Rashmi G.M. against Niranjan G.E., seeking quashing/set-aside of cognizance orders dated 15.04.2025 and 16.04.2025 passed by the Principal Civil Judge and JMFC, Madikeri in C.C.Nos. 1343, 1344 and 1384 to 1389 of 2025 (PCR Nos. 141 to 144, 149 to 152 of 2025) taking cognizance for alleged offences under S.138 of the NI Act. Before any adjudication on merits, upon the Court indicating it was not inclined to grant indulgence, counsel sought leave to withdraw; the petitions were dismissed as withdrawn, with liberty expressly reserved to the petitioners to urge their grounds by way of defence in the pending criminal proceedings, and pending applications, if any, dismissed.

NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 HC-KAR AND 5 OTHERS

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

CRIMINAL PETITION NO. 10888 OF 2025 C/W

CRIMINAL PETITION NO. 10745 OF 2025 CRIMINAL PETITION NO. 10867 OF 2025 CRIMINAL PETITION NO. 10905 OF 2025 CRIMINAL PETITION NO. 10909 OF 2025 CRIMINAL PETITION NO. 10911 OF 2025 CRIMINAL PETITION NO. 10916 OF 2025 CRIMINAL PETITION NO. 10917 OF 2025

IN CRL.P No.10888/2025

BETWEEN:

Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

MRS. SINDHU BELLAVI .T.N WIFE OF MR. JAGADEESH M.H. AGED ABOUT 38 YEARS R/AT NO. 14, 1^ST MAIN ROAD 1^ST CROSS, KRISHNA GARDEN SHARADA JNANAKSHI LAYOUT RAJAJAJESHWARI NAGARA BENGALURU-560 098.

…PETITIONER

(BY SRI. MOHANA .C, ADVOCATE)

AND:

MR. NIRANJAN .G.E SON OF G. S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE,

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HC-KAR

NEAR COFFEE BOARD DASWAL EXTENSION, MADIKERI-571201.

…RESPONDENT

(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)

THIS CRL.P FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 16.04.2025 PASSED IN C.C.NO.1389/2025 (PCR NO.152/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE P/US/ 138 OF NI ACT BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE A AND CONSEQUENTLY, QUASH THE CRIMINAL COMPLIANT THEREUNDER VIDE C.C.NO.1389/2025 (PCR NO.152/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE K.

IN CRL.P NO. 10745/2025

BETWEEN:

MRS. DEEPTHI G.M. WIFE OF MR. PRAKASH .M AGED ABOUT 30 YEARS R/AT NO. A-603, VISHWAPRIYA, VERTICAL GARDENS APARTMENTS MYSORE ROAD, PANTARAPALYA NAYANDAHALLI, BENGALURU-560039.

...PETITIONER

(BY SRI. MOHANA .C, ADVOCATE)

AND:

MR. NIRANJAN G.E. SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE NEAR COFFEE BOARD

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HC-KAR

DASWAL EXTENSION MADIKERI-571201.

...RESPONDENT

(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.04.2025 PASSED IN C.C.NO.1343/2025 (PCR NO.150/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES P/U/S 138 OF NI ACT, BY THE PRL. CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-A AND CONSEQUENTLY, SET-ASIDE THE CRL. COMPLAINT THERUNDER VIDE C.C.NO.1343/2025 (PCR NO.150/2025) ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-K.

IN CRL.P NO.10867/2025

BETWEEN:

MR. MANJUNATH .B.V SON OF MR. V. R. VEERABHADRAPPA AGED ABOUT 52 YEARS R/AT NO. 33/4, SHIVA KRUPA KAPPAGAL ROAD, 2ND CROSS SMV NAGARA, VTC BELLARY - 583101.

...PETITIONER

(BY SRI. MOHANA .C, ADVOCATE)

AND:

MR. NIRANJAN G.E. SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD

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NC: 2025:KHC:34045 CRL.P No. 10888 of 2025 C/W CRL.P No. 10745 of 2025 CRL.P No. 10867 of 2025 HC-KAR AND 5 OTHERS

DASWAL EXTENSION MADIKERI-571201.

...RESPONDENT

(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)

THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.04.2025 PASSED IN C.C.NO.1344/2025 (PCR NO.151/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED O/P/U/S 138 OF N.I ACT, BY THE PRINCIPAL CIVIL JUDGE AND JMFC MADIKERI AS PER ANNEXURE A AND CONSEQUENTLY, SET ASIDE THE CRIMINAL COMPLIANT THEREUNDER VIDE C.C.NO.1344/2025 (PCR NO.151/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC MADIKERI AS PER ANNEXURE K.

IN CRL.P NO. 10905/2025

BETWEEN:

MR. MOHITH GOWDA P.R. SON OF MR. PRAKASH .M AGED ABOUT 24 YEARS R/AT NO 512/130, 8TH MAIN ROAD 4TH CROSS, VIJAYANAGAR BENGALURU-560040.

...PETITIONER

(BY SRI. MOHANA .C, ADVOCATE)

AND:

MR. NIRANJAN G.E. SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD DASWAL EXTENSION

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HC-KAR

MADIKERI-571201.

...RESPONDENT

(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN C.C.NO.1385/2025 TAKING (PCR NO.142/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-A AND CONSEQUENTLY, SET-ASIDE THE CRIMINAL COMPLAINT THEREUNDER VIDE CC NO.1385/2025 (PCR NO.142/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE - K.

IN CRL.P NO. 10909/2025

BETWEEN:

MR. MOHITH GOWDA .P.R SON OF MR. PRAKASH.M. AGED ABOUT 24 YEARS R/AT NO. 512/130, 8TH MAIN ROAD 4TH CROSS, VIJAYANAGAR BENGALURU-560 040.

...PETITIONER

(BY SRI. MOHANA .C, ADVOCATE)

AND:

MR. NIRANJAN G.E. SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD DASWAL EXTENSION, MADIKERI-571201.

...RESPONDENT

(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)

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HC-KAR

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN C.C.NO.1384/2025 (PCR NO.141/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE A AND CONSEQUENTLY, SET-ASIDE THE CRIMINAL COMPLAINT THEREUNDER VIDE CC NO.1384/2025 (PCR NO.141/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-K.

IN CRL.P NO. 10911/2025

BETWEEN:

MRS. RASHMI .G.M WIFE OF MR. NAGABHUSHAN .N.G AGED ABOUT 42 YEARS R/AT NO. 1359, 1ST H MAIN 8TH CROSS, 2ND PHASE, GIRINAGAR BANASHANKARI 3RD STAGE BENGALURU-560 085.

...PETITIONER

(BY SRI. MOHANA .C, ADVOCATE)

AND:

MR. NIRANJAN .G.E SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE NEAR COFFEE BOARD DASWAL EXTENSION MADIKERI-571201.

...RESPONDENT

(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)

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HC-KAR

THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN CC NO.1387/2025 (PCR NO.144/2025) TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES U/S 138 OF NI ACT BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-A AND CONSEQUENTLY, SET-ASIDE THE CRIMINAL COMPLAINT THEREUNDER VIDE CC NO.1387/2025 (PCR NO.144/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC MADIKERI AS PER ANNEXURE-K.

IN CRL.P NO. 10916/2025

BETWEEN:

MRS. RASHMI G.M. WIFE OF MR NAGABHUSHAN N.G. AGED ABOUT 42 YEARS R/AT NO. 1359, 1ST H MAIN 8TH CROSS, 2ND PHASE GIRINAGAR, BANASHANKARI 3RD STAGE BENGALURU-560 085.

...PETITIONER

(BY SRI. MOHANA .C, ADVOCATE)

AND:

MR. NIRANJAN G.E. SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD DASWAL EXTENSION, MADIKERI-571201.

...RESPONDENT

(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)

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HC-KAR

THIS CRL.P IS FILED U/SEC.482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN CC.NO.1386/2025 (PCR NO.143/20250 TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES P/U/S. 138 OF N.I. ACT, BY THE PRL. CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-A AND CONSEQUENTLY, SET-ASIDE THE CRIMINAL COMPLAINT THEREUNDER VIDE CC NO.1386/2025 (PCR NO.143/2025) ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, MADIKERI AS PER ANNEXURE-K.

IN CRL.P NO. 10917/2025

BETWEEN:

MR. MANJUNATH B.V. SON OF MR V.R. VEERABHADRAPPA AGED ABOUT 52 YEARS R/AT NO. 33/4, SHIVA KRUPA KAPPAGAL ROAD, 2ND CROSS SMV NAGARA, VTC BELLARY-583 101.

...PETITIONER

(BY SRI. MOHANA .C, ADVOCATE)

AND:

MR. NIRANJAN G.E. SON OF G.S. ESHWAR AGED ABOUT 42 YEARS ALANKAR HOUSE, NEAR COFFEE BOARD DASWAL ESTENSION, MADIKERI-571201.

...RESPONDENT

(BY SRI. BIMBADHAR M. GOWDAR, ADVOCATE)

THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.04.2025 PASSED IN CC.NO.1388/2025 (PCR.NO.149/2025)

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TAKING COGNIZANCE AGAINST THE PETITIONER FOR THE OFFENCES P/U/S 138 OF N.I ACT, BY THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERE, AS PER ANNEXURE-A AND CONSEQUENTLY SET ASIDE THE CRIMINAL COMPLAINT THERE UNDER VIDE CC.NO.1388/2025 (PCR.NO.149/2025) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, MADIKERE, AS PER ANNEXURE-K.

THESE PETITIONS, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Learned counsel for the petitioner in these batch of

petitions has extensively argued the case. When this Court expressed that this Court was not inclined to grant indulgence, at this juncture, learned counsel for the petitioner has sought leave of the Court to withdraw the petitions along with liberty to raise grounds by way of defence in the pending criminal proceedings in C.C.No.1389/2025, C.C.No.1343/2025, C.C.No.1344/2025, C.C.No.1385/2025, C.C.No.1384/2025, C.C.No.1387/2025, C.C.No.1386/2025 and C.C.No.1388/2025 on the file of the Principal Civil Judge and JMFC, Madikere.

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HC-KAR

2. Recording his submission, these petitions are dismissed as withdrawn.

3. However, liberty is reserved to the petitioners to urge their grounds by way of defence in the pending criminal proceedings in C.C.No.1389/2025, C.C.No.1343/2025, C.C.No.1344/2025, C.C.No.1385/2025, C.C.No.1384/2025, C.C.No.1387/2025, C.C.No.1386/2025 and C.C.No.1388/2025 on the file of the Principal Civil Judge and JMFC, Madikere.

Pending applications, if any, are also dismissed.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

NBM

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