Dismissed¶35

Sri B N Shivanand v. Sri Pramod K C

Karnataka HC10 Sept 2025CRL.P/12488/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.P No. 12488 of 2025 (NC: 2025:KHC:35889); Justice Sachin Shankar Magadum; decided 10-09-2025. Section 482 Cr.P.C./Section 528 BNSS petition to quash Section 431 Cr.P.C. recovery proceedings (Crl. Misc. No. 548/2023, J.M.F.C. IV Court, Mysore) arising from a compromise in C.C. No. 456/2018 under Section 138 N.I. Act/Section 200 Cr.P.C.; compromise sum Rs. 11,00,000/-; satisfaction of compromise held to be a matter of evidence, not decidable in a quash petition; petition dismissed with liberty to contest.

What did the court decide?

No substantive relief; liberty expressly reserved to the petitioner to contest the proceedings and demonstrate that no amount is due. ¶35

Sri B N Shivanand Vs Sri Pramod K C — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:35889 CRL.P No. 12488 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12488 OF 2025

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BETWEEN:

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SRI. B. N. SHIVANAND S/O P.S. NANJUNDAPPA, AGED ABOUT 42 YEARS, R/A NO.45, 1ST CROSS, NADANAHALLI, KBL LAYOUT, MYSORE-570028.

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…PETITIONER

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(BY SRI. VINOD KUMAR M., ADVOCATE)

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AND:

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Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA

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SRI. PRAMOD K C S/O K.C. CHANDRAPRAKASH, AGED ABOUT 44 YEARS, R/A NO.537, B.M.SHREE NAGARA, MATAGALLI, MYSORE-570016.

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…RESPONDENT

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THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS FOR RECOVERY OF THE AMOUNT IN CRL.MISC.NO.548/2023 PENDING IN THE FILE OF THE J.M.F.C IV COURT AT MYSORE UNDER SEC.431 OF CR.PC PRODUCED AT ANNEXURE-F.

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NC: 2025:KHC:35889 CRL.P No. 12488 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The respondent/complainant filed a private complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of N.I. Act.

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The present petitioner/accused, upon receipt of

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summons, appeared and contested the proceedings filed in C.C.No.456/2018. During the pendency of those proceedings, the petitioner/accused entered into a compromise in C.C.No.456/2018. Pursuant to the compromise, a joint compromise memo was filed, requiring the petitioner to pay an amount of Rs.11,00,000/-, which was alleged to be due. Despite the recorded compromise, the respondent/complainant has alleged that the balance amount remains unpaid, and

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NC: 2025:KHC:35889 CRL.P No. 12488 of 2025

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HC-KAR

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accordingly, an application was filed under Section 431 of the Cr.P.C.

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The petitioner/accused now seeks to quash the proceedings pending in Crl. Misc. No. 548/2023, filed under Section 431 Cr.P.C., on the ground that the entire amount due under the compromise has been repaid. At paragraph 13 of the petition, the petitioner has furnished a table indicating the alleged mode of payment.

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This Court is of the view that the question as to whether the compromise recorded in C.C. No.456/2018 has been fully satisfied is essentially a matter of evidence. The petitioner must appear in the proceedings pending in Crl. Misc. No.548/2023 and demonstrate, with supporting evidence, that no amount remains due pursuant to the compromise in C.C.No 456/2018. This Court cannot adjudicate on the alleged averments made in paragraph 13 of the petition in the context of this quash petition.

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NC: 2025:KHC:35889 CRL.P No. 12488 of 2025

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HC-KAR

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