Citation : 2025 Latest Caselaw 9257 Kant
Judgement Date : 16 October, 2025
-1-
NC: 2025:KHC:41221
CRL.P No. 9172 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 9172 OF 2024 (482(Cr.PC)
/ 528(BNSS))
BETWEEN:
SRI VIKRAM PATIL
S/O VAIJANATH PATIL
AGED ABOUT 47 YEARS
R/AT H NO. MIG 4
SHANTI NAGAR
KALABURAJI
KALBURGI 585 103
...PETITIONER
(BY SRI. MAHESH S AND CO.,ADVOCATE)
AND:
Digitally 1. M/S AKARSH DEVELOPMENTS
signed by
LAKSHMI T A REGISTERED PARTNERSHIP FIRM
Location: HAVING ITS REGISTERED OFFICE AT NO. 100/1
High Court
of Karnataka CITY CENTER, OPP. TOWN HALL
J C ROAD, BANGALORE 560 002
REPRSENTED BY ITS MANAGING PARTNER
2. MR. AVINASH AMARLAL
MANAGING PARTNER
S/O SETHH AMARDAS AMARLAL
AGED BOT KNOWN TO THE PETITIONER
RA/T NO. 32, NANJAPPA ROAD
SHANTHI NAGAR
BANGALORE 560 027
...RESPONDENTS
-2-
NC: 2025:KHC:41221
CRL.P No. 9172 of 2024
HC-KAR
CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO SET ASIDE
IMPUGNED ORDER AND JUDGMENT DATED 01.04.2024 PASSED
BY THE HONBLE XXVII ACMM BANGALORE IN CC
NO.27939/2023 FOR OFFENCES P/U/S 138 OF NI ACT AND
PASS THE ORDER IN TERMS OF JOINT MEMO ACQUITTING
PETITIONER.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Office has raised objections regarding maintainability
of this petition.
2. Vide impugned order, the learned Magistrate
has convicted the petitioner for the offence punishable
under Section 138 of Negotiable Instruments Act.
3. Against the judgment of conviction and
sentence passed by the learned Magistrate, an appeal is
provided before the Sessions Court.
4. Hence, the instant petition is dismissed as not
maintainable.
NC: 2025:KHC:41221
HC-KAR
5. Petitioner is at liberty to seek remedy as
available under law.
6. The Registry shall return the documents
furnished along with the petition including the certified
copy of the Judgment, to the learned counsel for the
petitioner, retaining the photo copies of the same.
Sd/-
(MOHAMMAD NAWAZ) JUDGE
HR
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