Dismissed¶27-29

Sri Karthikesh N C v. Smt B L Prabhavathamma

Criminal Petitions – Quashing – S.482 CrPC (filed under S.528 BNSS)

Karnataka HC12 Sept 2025CRL.P/7998/2025

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What is this about?

Karnataka High Court; CRL.P No. 7998 of 2025; Justice Sachin Shankar Magadum; decided 12-09-2025; Section 482 CrPC; filed under Section 528 BNSS; quashing of criminal proceedings; C.C.No.32248/2023; XXI ACMM Bengaluru; Section 138 Negotiable Instruments Act; cheque dishonour complaint; dismissal as withdrawn; liberty reserved; Com.O.S.No.422/2024 judgment and decree; connected private complaints; family member of co-petitioners; no quashing; withdrawal with liberty to raise contentions.

What did the court decide?

Petition dismissed as withdrawn, with liberty reserved to the petitioner to raise all contentions relating to the judgment in Com.O.S.No.422/2024; no quashing ordered. ¶27-29

Sri Karthikesh N C Vs Smt B L Prabhavathamma — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:36448 CRL.P No. 7998 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^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. 7998 OF 2025

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BETWEEN:

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SRI. KARTHIKESH N.C, S/O CHANDRASHEKAR AGED ABOUT 31 YEARS R/AT NO.70, 2ND FLOOR ARYANAGARA, 4TH CROSS, J.P. NAGAR, 1ST PHASE BENGALURU - 560 078.

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…PETITIONER

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(BY SRI. HATTARAKIHAL PARASHURAM, ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SMT. B.L. PRABHAVATHAMMA W/O LINGAIAH SETTY B.V, AGED ABOUT 77 YEARS R/A NO.62, G1-001, C.R. CLASSIC, 7TH MAIN, 10 TH CROSS, RBI LAYOUT, J P NAGAR, 7TH PAHSE, BENGALURU - 560 078. REPRESENTED BY HER GPA HOLDER SRI LINGAIAH SETTY B.V AGED ABOUT 79N YEARS R/A NO.62 G-1-001, CR CLASSIC 7TH MAIN, 10TH CROSS, RBI LAYOUT, J P NAGAR 7TH PHASE

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NC: 2025:KHC:36448 CRL.P No. 7998 of 2025

HC-KAR

BENGALURU - 560 078.

…RESPONDENT

THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE INITIATION OF ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.32248/2023 PENDING ON THE FILE OF THE XXI ACMM, AT BENGALURU AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCE U/S.138 OF NI ACT, (ANNEXURE A).

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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 SACHIN SHANKAR MAGADUM

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ORAL ORDER

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Learned counsel for the petitioner, relying on the judgment of this Court, submitted that in the connected private complaints, this Court has already reserved liberty for the parties to raise all contentions arising out of the judgment and decree passed in Com.O.S.No.422/2024. He further submitted that the petitioner, being a family member of the petitioners in the connected petition, is also facing proceedings under Section 138 of the Negotiable Instruments Act. Learned counsel contended that, on the same principles, the petitioner ought to be similarly entitled to raise contentions relating to the judgment rendered in the aforementioned suit.

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