Karnataka High Court

CRL.P/6620/2020 of VINODHA U PAI Vs ANITHA SURVASE on 15 September 2026

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CNR: KAHC010121412020 NC: 2026:KHC:50304 CRL.P No. 6620 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.6620 OF 2020 BETWEEN: VINODHA U PAI W/O LATE D UMESH PAI AGED ABOUT 33 YEARS

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH

CRIMINAL PETITION NO.6620 OF 2020

BETWEEN:

VINODHA U PAI

W/O LATE D UMESH PAI

AGED ABOUT 33 YEARS

NO.251, 5TH CROSS

NEAR CAD SCHOOL

VENKATAPURA EXTENSION

KORAMANGALA,

BANGALORE-500034

…PETITIONER

(BY SRI. MAHESH S N, ADVOCATE [ABSENT])

AND:

ANITHA SURVASE

D/O SURYAKANTH BABURAO SURVASE

AGED ABOUT 48 YEARS

DMK KRISHNAPPA LAYOUT

SITE NO.6W, PALAHALLI MAIN ROAD

NEAR GOVT SCHOOL, WARD NO.5

BANGALORE-560064

…RESPONDENT

THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET

ASIDE THE ORDER ISSUANCE OF THE SUMMONS TO THE

PETITIONER

DATED

14.08.2019

IN

C.C.NO.18452/2019

Digitally signed

by DEVIKA M

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

PENDING ON THE FILE OF THE HONBLE XVIII A.C.M.M., AT

BENGALURU AND ETC.

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

CORAM:

HON'BLE MR. JUSTICE H.P.SANDESH

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ORAL ORDER

This petition is filed praying this Court to set aside the order of issuance of summons to the petitioner dated 14.08.2019 in C.C.No.18452/2019 for the offence punishable under Section 138 of N.I. Act.

2. This matter is called twice i.e., in the morning session as well as in the afternoon session and there is no representation on behalf of the petitioner.

3. The Trial Court while taking the cognizance taken note that complainant was examined and has filed an affidavit in lieu of sworn statement. The Trial Court while taking cognizance also perused the averments made in the complaint as well as the documents placed on record. The Trial Court also taken note of judgment of the Apex Court reported in 2014

HC-KAR

STPL (WEB) 291 SC between INDIAN BANK ASSOCIATION And Others vs UNION OF INDIA. Having considered the material on record particularly the sworn statement as well as contents of the complaint, summons were issued. When such being the case, the order is also based on the contents of the complaint as well as the affidavit in lieu of sworn statement of the complainant. Thus, on perusal of the records, this Court cannot find fault with the Trial Court in taking of cognizance. Hence, the petition is dismissed.

Sd/- (H.P.SANDESH) JUDGE

SN

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