Sri Veera Kumar Vs State of Karnataka

STATE OF KARNATAKA REPRESENTED BY BANASWADI POLICE STATION, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA PREMISES, AMBEDKAR VEEDHI, BENGALURU-560 001.

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SMT. PADMAVATHI BHARADWAJ D/O. DR. D. VIDYAKAR, MAJOR, R/AT NO.25, 3^RD MAIN, RAMAIAH LAYOUT, KAMMANAHALLI, BENGALURU PIN CODE-560 084.

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…RESPONDENTS

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(BY SRI. ANOOP KUMAR M.V., HCGP FOR R1)

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NC: 2025:KHC:50250 CRL.P No. 16027 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER OF NBW AND FLW DATED 24.09.2025 AGAINST THE PETITIONER IN C.C.NO.59002/2018, ON THE FILE OF THE XXXIV ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU.

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Feeling aggrieved by the issuance of NBW and FLW

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against the petitioner in CC No.59002/2018 by the Court of XXXIV Additional Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru, he is before this Court seeking to quash the said order.

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By way of concurrent findings, the petitioner was convicted for an offence under section 138 of N.I.Act, which judgment and order came to be challenged before this Court in Crl.R.P.No.1275/2024, the said revision petition was allowed by this Court vide order dated 17.4.2025, in view of the joint memo filed by the parties,

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3 - NC: 2025:KHC:50250 CRL.P No. 16027 of 2025

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HC-KAR

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wherein, petitioner agreed to pay by way of installments, a total sum of Rs.21 lakhs.

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In the order, it was made clear that, if the amount as agreed in the joint memo was not paid and there is lapse of even a single payment, the order of the trial Court, confirmed by the First Appellate Court stand restored automatically and the complainant is at liberty to proceed against the accused in accordance with law. It appears that the complainant moved the trial Court for non-compliance of the said order passed by this Court in Crl.R.P.No.1275/2024 and the learned Magistrate has issued NBW and FLW dated 24.9.2025.

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It is the submission of the learned counsel that

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the entire amount as agreed in the joint memo has been paid to the complainant i.e., a sum of Rs.21 lakhs by way of installments as under:

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i. Rs.4,00,000/- on 10.7.2025,

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ii. Rs.5,00,000/- on 17.7.2025,

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4 - NC: 2025:KHC:50250 CRL.P No. 16027 of 2025

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HC-KAR

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iii. Rs.3,00,000/- on 19.8.2025

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iv. Rs.2,50,000/- on 9.9.2025 v. Rs.2,00,000/- on 24.9.2025

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vi. Rs.4,50,000/- on 3.11.2025

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If the above amount totaling to Rs.21 lakhs has been paid by the petitioner, then it is open for him to appear before the trial Court and bring to the notice about the payment made. If the payment is already made as above, the learned Magistrate shall close the proceedings after hearing the complainant, otherwise to proceed further in accordance with law. Accordingly, the following:

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ORDER

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