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2022 Supreme(Online)(Kar) 51982
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CRL.P No. 8257 of 2019
C/W CRL.P No. 8235 of 2019
CRL.P No. 8262 of 2019
CRL.P No. 8277 of 2019
CRL.P No. 8279 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 8257 OF 2019
C/W
CRIMINAL PETITION NO. 8235 OF 2019
CRIMINAL PETITION NO. 8262 OF 2019
CRIMINAL PETITION NO. 8277 OF 2019
CRIMINAL PETITION NO. 8279 OF 2019
IN CRL.P.NO.8257/2019
BETWEEN:
SRI. H.N. NAGARAJ
S/O LATE HEGGUR NANJUNDAPPA
AGED ABOUT 60 YEARS
PROPRIETOR
M/S VENKATESHWARA STONE CRUSHERS
NO.490/2/01, 39TH CROSS
8TH BLOCK, JAYANAGAR
BENGALURU-560 082
&PETITIONER
(BY SRI. G S VENKAT SUBBA RAO, ADVOCATE)
AND:
SRI. SURESH LAL HIRA LAL
S/O LATE HIRA LAL
AGED ABOUT 69 YEARS
NO.92, J.M. ROAD
BANGALORE-560 001
&RESPONDENT
(BY KUM. NEHA SHETTY, ADVOCATE)
®
Digitally signed by
POORNIMA
SHIVANNA
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 8257 of 2019
C/W CRL.P No. 8235 of 2019
CRL.P No. 8262 of 2019
CRL.P No. 8277 of 2019
CRL.P No. 8279 of 2019
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO CALL FOR THE RECORDS AND QUASH THE
IMPUGNED
DATED
24.07.2018
PASSED
BY THE
XX
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU IN
C.C.NO.20484/2018 BEING THE ORDER TAKING COGNIZANCE OF
THE OFFENCE P/U/S.138 OF NI ACT VIDE ANNEXURE-A AND ETC.
*****
IN CRL.P.NO.8235/2019
BETWEEN:
VENKATESHWARA STONE CRUSHERS
NO.312, 1ST FLOOR, 1ST MAIN
40TH CROS, 8TH BLOCK, JAYANAGAR
AND
SMT S. PRIYA SOLIWAL
W/O SRI. RAHUL B. HINDUJA
AGED ABOUT 34 YEARS
NO.11/2, 5TH CROSS
LAKSHMI ROAD, SHANTINAGAR
BANGALORE-560 027
& RESPONDENT
(BY SRI. K. VENKATARAMANA, ADVOCATE)
ORDER
DATED
05.12.2018
PASSED
BY THE
XX
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU IN
C.C.NO.32057/2018 BEING THE ORDER TAKING COGNIZANCE OF
THE OFFENCE P/U/S.138 OF NI ACT AND ETC.
*****
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IN CRL.P.NO.8262/2019
BETWEEN:
SMT. PAYAL KISHORE KUMAR
W/O KISHORE SURESHLAL
AGED ABOUT 43 YEARS
NO.17, SUBRAMANYA SWAMY TEMPLE STREET
V V PURAM, BENGALURU-560 004
REP. BY GPA HOLDER
KISHORE SURESHLAL
& RESPONDENT
CR.P.C., PRAYING TO CALL FOR THE RECORDS AND TO QUASH THE
ORDER
DATED
24.07.2018
PASSED
BY THE
XX
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU IN
C.C.NO.20486/2018 BEING THE ORDER TAKING COGNIZANCE OF
THE OFFENCE P/U/S.138 OF NI ACT VIDE ANNEXURE-A AND ETC.
*****
IN CRL.P.NO.8277/2019
BETWEEN:
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SRI. KISHORE SURESHLAL
S/O SURESHLAL HIRALAL
AGED ABOUT 44 YEARS
NO.17, SUBRAMANYA SWAMY TEMPLE STREET
V V PURAM, BENGALURU-560 004
& RESPONDENT
CR.P.C., PRAYING TO CALL FOR THE RECORDS AND TO QUASH THE
IMPUGNED ORDER DATED 24.07.2018 PASSED BY THE XX A.C.M.M.,
IN C.C.NO.20482/2018 BEING THE ORDER TAKING COGNIZANCE OF
THE OFFENCE P/U/S 138 OF THE N.I ACT AND ETC.
*****
IN CRL.P.NO.8279/2019
BETWEEN:
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SAW SHOBADEVI SURESHLAL
W/O SRI. SURESHLAL HIRALAL
AGED ABOUT 66 YEARS
NO.17, SUBRAMANYA SWAMY TEMPLE STREET
V V PURAM, BENGALURU-560 002
REP. BY SPA HOLDER
KISHORE SURESHLAL
& RESPONDENT
CR.P.C., PRAYING TO CALL FOR THE RECORDS AND TO QUASH THE
ORDER
DATED
24.07.2018
PASSED
BY THE
XX
ADDL.C.M.M., BENGALURU IN C.C.NO.20479/2018 BEING THE
ORDER TAKING COGNIZANCE OF THE OFFENCE P/U/S 138 OF N.I.
ACT AND ETC.
*****
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1.
The petitioner in Crl.P No.8257/2019 is before this
Court seeking for the following reliefs:
a. Call for the records in CC No.20484/2018 from the
court of XX Addl. Chief Metropolitan Magistrate,
Bengaluru;
b. quash the impugned order dated 24.07.2018
passed by the XX Addl. Chief Metropolitan
Magistrate,
Bengaluru
in
C.C.No.20484/2018
being the order taking cognizance of the offence
p/u/s 138 of Negotiable Instruments Act vide
Annexure-A;
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c. quash the complaint in C.C.No.20484/2018 filed
u/s 200 of Cr.P.C., for the offence p/u/s 138 of
Negotiable Instrument Act on the file of XX Addl.
Chief Metropolitan Magistrate, Bengaluru vide
Annexure-B;
d. issue such other order or directions as this Hon9ble
Court deems fit under the circumstances of the
case including costs, in the interest of justice and
equity.
2.
The petitioner in Crl.P No.8235/2019 is before this
Court seeking for the following reliefs:
a. Call for the records in CC No.32057/2018 from the
court of XX Addl. Chief Metropolitan Magistrate,
Bengaluru;
b. quash the impugned order dated 5.12.2018
passed by the XX Addl. Chief Metropolitan
Magistrate,
Bengaluru
in
C.C.No.32057/2018
being the order taking cognizance of the offence
p/u/s 138 of Negotiable Instruments Act;
c. quash the complaint in C.C.No.32057/2018 filed
u/s 200 of CR.P.C., for the offence p/u/s 138 of
Negotiable Instrument Act on the file of XX Addl.
Chief Metropolitan Magistrate, Bengaluru;
d. issue such other order or directions as this Hon9ble
Court deems fit under the circumstances of the
case including costs, in the interest of justice and
equity.
3.
The petitioner in Crl.P No.8262/2019 is before this
Court seeking for the following reliefs:
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a. Call for the records in CC No.20486/2018 from the
court of XX Addl. Chief Metropolitan Magistrate,
Bengaluru;
b. quash th
