Disposed¶45

Mr Vibhakar Bhushan v. Mr Ashok Kumar Agarwal

Karnataka HC11 Mar 2025CRL.P/3697/2019

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; NC: 2025:KHC:10362; CRL.P No. 3697 of 2019 c/w CRL.P No. 3043 of 2023; Mohammad Nawaz, J.; decided 11.03.2025. Quashing petitions under S.482 Cr.P.C. / 528 BNSS against S.138 NI Act proceedings in C.C.No.30939/2018, XIX ACMM Bengaluru; impugned order dated 23.11.2018; parties: Vibhakar Bhushan, Gururaj Ayekawadi (Ayekavadi), Ashok Kumar Agarwal, M/s. Anytime Medicare Services Pvt. Ltd., Peter Paul Pushparaj; advocates: Raghu H.P., B.Pramod, Vasanth V Fernandes, Anjan Dev N., Sudhakar G.V.; petitions disposed of as settled out of Court with settlement reported before trial Court; no precedent cited; no quantum.

What did the court decide?

Since the matter was settled out of Court and the parties reported the settlement before the trial Court, the petitions do not survive for consideration. ¶43

Mr Vibhakar Bhushan Vs Mr Ashok Kumar Agarwal — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:10362 CRL.P No. 3697 of 2019 C/W CRL.P No. 3043 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3697 OF 2019 (482(Cr.PC) /

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528(BNSS))

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C/W

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CRIMINAL PETITION NO. 3043 OF 2023

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IN CRL.P No. 3697/2019

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BETWEEN:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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MR. VIBHAKAR BHUSHAN S/O. SHISHI BHUSHAN, AGED ABOUT 54 YEARS, EX DIRECTOR, M/S. ANYTIME MEDICARE SERVICE CENTRE PVT. LTD. NO.301, 6^TH MAIN, S.T.BED LAYOUT, KORAMANGALA, BANGALORE-560 034.

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(BY SRI. RAGHU H.P., ADVOCATE)

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…PETITIONER

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AND:

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MR. ASHOK KUMAR AGARWAL AGED ABOUT 56 YEARS, S/O. SRI. G.C. AGARWAL, RESIDING AT NO.297, 8^TH CROSS, S.T. BED LAYOUT, KORAMANGALA, BANGALORE-560 034.

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2 - NC: 2025:KHC:10362 CRL.P No. 3697 of 2019 C/W CRL.P No. 3043 of 2023

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M/S. ANYTIME MEDICARE SERVICES PVT. LTD. REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO.301, 6^TH MAIN, S.T. BED LAYOUT, KORAMANGALA, BANGALORE-560 034. REP. BY ITS DIRECTOR AND ALSO HAVING OFFICE AT NO.257, GROUND FLOOR, 3^RD CROSS, 2^ND PHASE, 2^ND STAGE, DOMLUR, BANGALORE-560 071.

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MR. PETER PAUL PUSHPARAJ DIRECTOR OF M/S. ANYTIME MEDICARE SERVICES PVT. LTD., NO.301, 6^TH MAIN, S.T. BED LAYOUT, KORAMANGALA, BANGALORE-560 034. ALSO AT NO.G-2, MEMPHIS APARTMENT, NO.7, LANGFORD ROAD, LANGFORD TOWN, BANGALORE-560 025.

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MR. GURURAJ AYEKAVADI DIRECTOR OF M/S. ANYTIME MEDICARE SERVICES PVT. LTD., NO.301, 6^TH MAIN, S.T. BED LAYOUT, KORAMANGALA, BANGALORE-560 034.

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…RESPONDENTS

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(BY SRI. B.PRAMOD, ADVOCATE FOR R-1;

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SRI. VASANTH V FERNANDES, ADVOCATE FOR R-2 & R-3)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO (i) QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.30939/2018 ON THE FILE OF THE 19^TH A.C.M.M. AT BANGALORE AND DISMISS THE COMPLAINT AGAINST THE PETITIONER; (ii) SET ASIDE ALL CONSEQUENTIAL

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3 - NC: 2025:KHC:10362 CRL.P No. 3697 of 2019 C/W CRL.P No. 3043 of 2023

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PROCEEDINGS PURSUANT TO THE IMPUGNED ORDER DATED 23.11.2018 PASSED IN C.C.NO.30939/2018 ON THE FILE OF 19^TH A.C.M.M. AT BANGALORE.

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IN CRL.P NO. 3043/2023

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BETWEEN:

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GURURAJ AYEKAWADI S/O A. NARAYANAMURTHY, AGED ABOUT 64 YEARS, RESIDING AT: VILLA NO.8, PHASE 2, CHAITANYA LA GROVE, KUNADALAHALLI, MARATHAHALLI, BANGALORE-560 037.

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...PETITIONER

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(BY SRI. ANJAN DEV N., ADVOCATE)

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AND:

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ASHOK KUMAR AGARWAL S/O SRI. G.C. AGARWAL, AGED ABOUT 61 YEARS, RESIDING AT: NO.297, 8^TH CROSS, S.T. BED LAYOUT, KORAMANGALA, BENGALURU-560 034.

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...RESPONDENT

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(BY SRI. SUDHAKAR G.V., ADVOCATE)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS AND THE COMPLAINT AGAINST THE PETITIONER IN C.C.NO.30939/2018, ON THE FILE OF THE 19^TH A.C.M.M., BENGALURU, UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 MARKED AS DOCUMENT NOS.1 AND 2 RESPECTIVELY.

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

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4 - NC: 2025:KHC:10362 CRL.P No. 3697 of 2019 C/W CRL.P No. 3043 of 2023

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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These two petitions are filed to quash the entire proceedings pending against the petitioners in C.C.No.30939/2018 on the file of the Court of XIX ACMM, Bengaluru, initiated by respondent/complainant alleging an offence punishable under Section 138 of N.I. Act.

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It is submitted by the learned counsel appearing for both the parties that matter is settled out of Court and the parties have reported settlement before the trial Court and in view of the settlement, these petitions does not survive for consideration.

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In the light of the submission made by the

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learned counsel appearing for both the parties, petitions are disposed of.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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HB List No.: 1 Sl No.: 44 Ct:ar

Mr Vibhakar Bhushan v. Mr Ashok Kumar Agarwal

Case brief

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Mr Vibhakar Bhushan v. Mr Ashok Kumar Agarwal

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