BharatTaxGST

Sri. Tejas Alias Mukesh vs. B Hanumantha S/O Sanna Yankappa

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CRL.P/104506/2025HC KarnatakaGSTCNR KAHC02021922202518 February 2026Bench: V.SRISHANANDA3 pages
For Petitioner: SMT. KAVYA S. YALAGI, ADVOCATE FOR SRI. H.N. GULARADDI, ADVOCATE

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Cause title — parties, addresses and appearances
- 1 - HC-KAR NC: 2026:KHC-D:2550 CRL.P No. 104506 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104506 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. TEJAS @ MUKESH AGE 34 YEARS, OCC. CIVIL CONTRACTOR, PROPRIETOR OF M.J. CONSTRUCTIONS, R/O. DCM OLD QUARTERS BEHIND DUM AND DEF SCHOOL 22ND WARD, TQ AND DIST. DAVANAGERE 577003. …PETITIONER (BY SMT. KAVYA S. YALAGI, ADVOCATE FOR SRI. H.N. GULARADDI, ADVOCATE) AND: B. HANUMANTHA S/O SANNA YANKAPPA AGE 37 YEARS, OCC. CIVIL CONTRACTOR, PROPRIETOR OF SRI LAKDSMI VENKATESHWAR CONTRACT., R/O. JOGA VILLAGE, TQ. SANDUR, DIST. BALLARI 583119. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ORDER OF REJECTION OF IA NO. I FILED BY SEC. 91 OF CR.P.C. BY ITS ORDER DATED 14.08.2025 PASSED BY THE CIVIL JUDGE AND JMFC, SANDUR IN CC NO. 1065/2019 IN PCR NO. 35/2019 REGISTERED FOR THE OFFENCES P/U/SEC 138 OF NI ACT AGAINST THE ACCUSED/PETITIONER HEREIN PRODUCED AT ANNEXURE-D, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.20 16:00:17 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2550 CRL.P No. 104506 of 2025

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

1.

Heard Miss.Kavya S. Yalagi, learned counsel appearing on behalf of Sri.H.N.Gularaddi, learned counsel for petitioner.

2.

The respondent, though served with notice, has remained absent.

3.

The petitioner, who is the accused in C.C.No.1065/2019 facing charges of under Section 138 of Negotiable Instruments Act, has challenged the order of the learned Trial Judge dismissing his application filed under Section 91 of the Code of Criminal Procedure, seeking summoning of the GST details said to have been maintained by the complainant.

4.

The learned trial Magistrate, upon considering the rival contentions, by the impugned order dismissed the said application.

5.

The criminal proceedings is of the year 2019 and the order sheet reveals that the petitioner has repeatedly delayed the proceedings on one pretext or the other and has failed to cooperate with the smooth conduct of the trial. HC-KAR NC: 2026:KHC-D:2550 CRL.P No. 104506 of 2025

6.

It is evident that non-bailable warrants have been issued against the petitioner at least one dozen occasions.

7.

Even when he appeared before the Court, he did not proceed with the matter diligently, instead seeking repeated adjournments and filing exemption petitions.

8.

Having regard to the aforesaid conduct of the petitioner and taking note of the fact that the respondent is not required to furnish any proof to establish the case of the accused, this Court does not find any good grounds to interfere with the order passed by the learned Trial Court.

9.

Accordingly, the petition stands dismissed. (V.SRISHANANDA) JUDGE

RHR/-CT-CMU LIST NO.: 1 SL NO.: 86

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.