Sri Mahanthesh a S Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2026)

Sri Mahanthesh a S Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Proceedings in C.C.No.21205/2025 pending before the IV A.C.J.M Court at Bengaluru qua the petitioner stand quashed, consequent to acceptance of the Joint Memo recording the settlement between the parties.

Issue for consideration

Whether the criminal proceedings against the petitioner in C.C.No.21205/2025 (arising from FIR in Crime No.58/2024) should be quashed in view of the settlement between the parties recorded in the Joint Memo, given that the offences are not against the State.

Court's answer

Since the Joint Memo recording the settlement was filed by the parties and the offences are not against the State, the Court deemed it appropriate to accept the Joint Memo and close the proceedings against the petitioner.

Ratio / Principle

Proceedings in C.C.No.21205/2025 pending before the IV A.C.J.M Court at Bengaluru, qua the petitioner, stand quashed.

Detailed headnote1 paragraphs

Criminal Petition under S.482 Cr.PC (filed under S.528 BNSS) by Mahanthesh A S seeking quashing of proceedings in C.C.No.21205/2025 before the IV Additional Chief Judicial Metropolitan Magistrate Court, Bengaluru, for offences punishable under Sections 408, 420, 465, 468, 471 and 477A IPC, arising from FIR in Crime No.58/2024 of City Market Police Station, Bengaluru, alleging misappropriation of Rs.1,06,41,096/- from respondent No.2 (Veerashaiva Free Boarding Home Trust); charge sheet had been filed against the petitioner. During pendency, the parties settled: Rs.60,00,000/- was paid by RTGS through the petitioner's brother Sri. Siddesh; the balance of Rs.46,41,096/- was secured by a post-dated cheque on ICICI Bank, Indiranagar Branch, and an Agreement of Sale dated 11-10-2025 executed by the petitioner, his brother and parents over agricultural land bearing Sy.No.23/7 (4 Acres 26 Guntas), Henjemuthenahalli Village, Talaku Hobli, Challakere Taluk, Chitradurga District, standing in the name of the petitioner's mother, with liberty to respondent No.2 to present the cheque and file a complaint under the Negotiable Instruments Act, seek specific performance/enforcement of the Agreement of Sale, initiate contempt for violation of undertakings, or seek revival of the complaint from the stage of filing of the charge sheet. A Joint Memo with affidavits of the petitioner, respondent No.2, the petitioner's brother and parents was filed; the parties were present and identified by counsel. Holding that the offences were not against the State, the Court accepted the Joint Memo and quashed the proceedings in C.C.No.21205/2025 qua the petitioner. Criminal Petition disposed.

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NC: 2026:KHC:21028 CRL.P No. 3953 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2026 BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3953 OF 2026

(482(Cr.PC) / 528(BNSS))

BETWEEN:

SRI. MAHANTHESH A S, S/O A. SHIVANNA, AGE: 33 YEARS, PERMANENT RESIDENT OF MINNEKOTE VILLAGE, TALAKU HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT- 577 543.

Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

PRESENTLY RESIDING AT NO. 26, 2^ND MAIN ROAD, GANGANAGAR EXTENSION, R.T NAGAR, BENGALURU 3 560 032.

(BY SRI. RAJATH S, ADVOCATE)

&PETITIONER

AND:

THE STATE OF KARNATAKA, BY CITY MARKET POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DR. B.R. AMBEDKAR ROAD, BANGALORE 3 560 001.

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T.C. GOWRAMMA, VEERASHAIVA FREE BOARDING HOME TRUST, NO. 192, OTC ROAD, CHICKPET, BENGALURU 3 560 053. BY ITS SECRETARY SRI. DEVARAJU S, S/O. SADASHIVAIAH, AGE: 43 YEARRS.

&RESPONDENTS

(BY SRI. ANOOP KUMAR, HCGP FOR R1; SRI. VEERESH UPPIN, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.21205/2025 PENDING ON THE FILE OF THE IV ADDITIONAL CHIEF JUDICIAL METROPOLITAN MAGISTRATE COURT, AT BENGALURU FOR THE OFFENCE P/U/S 408, 420, 465, 468, 471 AND 477A OF IPC CONSEQUENTLY QUASH THE FIR IN CR.NO.58/2024 REGISTERED BY THE CITY MARKET POLICE, BENGALURU AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question the proceedings in C.C.No.21205/2025 registered for the offences punishable under Sections 408, 420, 465, 468, 471, 477A of the Indian Penal Code.

Heard Sri. Rajath S, learned counsel appearing for the petitioner, Sri. Anoop Kumar, learned HCGP appearing for respondent No.1, Sri.Veeresh Uppin, learned counsel appearing for respondent No.2 and have perused the material on record.

During the subsistence of the proceedings, the parties to the lis have entered into a settlement and have filed a Joint Memo with affidavits of the petitioner, 2^nd respondent, brother of the petitioner and his parents. The Joint Memo filed by the parties to the lis reads as follows:

<1. The above criminal petition is filed for quashing the proceedings against the Petitioner in CC No. 21205/2025 pending on the file of the learned IV Add. Chief Judicial Metro Politian Magistrate Court, Bangalore for the offences punishable under section 408, 420, 465, 468, 471, and 477A of the IPC consequently quash the FIR in

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Crime No. 58/2024 registered by the City Market Police, Bengaluru and the Charge sheet filed against the Petitioner for the said offences.

2. The petitioner and the Respondent No.2 on the intervention of family members of the petitioner have settled the above matter. Respondent No.2 has no objection to allow the above Criminal Petition, by recording the following terms of the settlement:-

a. Out of Rs. 1,06,41,096/- misappropriated by the petitioner, the petitioner through his brother Sri. Siddesh paid 60,00,000/- by RTGS to 2nd Respondent Trust. The Petitioner shall pay remaining amount of Rs.46,41,096 to the second Respondent within Three years 11-10-2025.

b. The petitioner issued a post dated cheque for a sum of Rs. 46,41,096/- drawn on ICICI Bank, Indiranagar Branch, Bengaluru to the second Respondent and in the event the petitioner failed to pay the above said amount, the respondent No.2 is at liberty to present the said cheque for collection and file complaint under Negotiable Instruments Act for the dishonour of the cheque.

c. The second respondent is also at liberty to seek specific performance of the "Agreement of Sale" dt: 11-10-2025 executed by petitioner, his brother and his parents in respect of the agricultural land bearing Sy. No. 23/7, measuring 4 Acres 26 Guntas situated at Henjemuthenahalli Village, Talaku Hobli, Challakere Taluk, Chitradurga District standing in the name of mother of the petitioner in the event the petitioner is not able to pay the amount within the stipulated time.

d. In the event the petitioner violates the terms of this agreement, and the petitioner, his brother and parents refused to honour the agreement of sale dt: 11-10-2025, the 2nd Respondent, in addition to seeking enforcement of the Agreement of Sale is also at liberty to

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initiate contempt of court against the petitioner, his brother and parents for the violation of the solemn undertaking given before this Hon'ble Court and further 2nd Respondent is also at liberty to seek the revival of the complaint in question from the stage of filing of charge sheet.

Wherefore the Hon'ble Court by taking into consideration this memo, the affidavit filed by the petitioner, his brother and parents, and the 2nd Respondent, be pleased to allow the above criminal petition and to quash the proceedings in CC No. 21205/2025 pending on the file of the learned IV Add. Chief Judicial Metro Politian Magistrate Court, Bangalore for the offences punishable under section 408, 420, 465, 468, 471, and 477A of the IPC.=

The parties to the lis are present before this Court

and are identified by their respective counsels.

In the light of the Joint Memo being filed by the

parties to the lis and the offences not being against the State, I deem it appropriate to accept the Joint Memo and close the proceedings against the petitioner.

For the aforesaid reasons, the following:

O R D E R

[I] Criminal Petition is disposed .

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[II] Proceedings in C.C.No.21205/2025 pending before

the IV A.C.J.M Court at Bengaluru, qua the

petitioner, stand quashed.

Sd/(M.NAGAPRASANNA)

JUDGE

CBC

List No.: 4 Sl No.: 13