AJIT KUMAR SHETTY @ AJIT KUMAR C SHETTY vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58716
CRL.P No. 5188 of 2026
CNR: KAHC010236112026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CRIMINAL PETITION NO. 5188 OF 2026
BETWEEN:
1. AJIT KUMAR SHETTY @ AJIT KUMAR C SHETTY
@ AJITH KUMAR C. SHETTY
S/O CHANDRASHEKARSHETTY
AGED ABOUT 43 YEARS
R/AT SRI. DARESHWARA
KORAVADY CROSS,
KUMBASHI, KUNDAPURA TALUK,
UDUPI DISTRICT - 576 257
2. DEEPA AJITH KUMAR @ DEEPA
AJIT KUMAR SHETTY
W/O AJIT KUMAR SHETTY
@ AJIT KUMAR C. SHETTY
@ AJITH KUMAR C. SHETTY
AGED ABOUT 39 YEARS
R/AT SRI.DARESHWARA
KORAVADY CROSS,
KUMBASHI, KUNDAPURA TALUK,
UDUPI DISTRICT - 576 257
…PETITIONERS
(BY SRI. PRAKASH T., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY VYALIKAVAL POLICE STATION
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58716
CRL.P No. 5188 of 2026
CNR: KAHC010236112026
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR.
HIGH COURT BUILDING,
BENGALURU - 560 001
2.
UTPAL T SHETTY
S/O TEJAPPA SHETTY
AGED ABOUT 45 YEARS
R/AT NO.1454, 11TH CROSS
13TH MAIN, 2ND STAGE,
WEST OF CHORD ROAD,
MAHALAKSHMIPURAM
BENGALURU - 560 086
…RESPONDENTS
(BY SRI. NAGHARISH G.S., HCGP FOR R1
SMT. PREETHU, ADVOCATE FOR
SRI. VIGNESH SHETTY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.P.C. (FILED U/S 528
BNNS) PRAYING TO A. QUASH THE IMPUGNED ORDER DATED
28.02.2026 VIDE ANNEXURE-A PASSED BY THE LE LXVI
ADDL.CITY CIVIL AND SESSIONS JUDGE AT BANGALORE (CCH-
67) DISMISSING CRL.RP NO.151/2023 FILED BY THE
PETITIONER NO.1 AND 2 (ACCUSED NO.1 AND 2) THEREBY
CONFIRMING THE ORDER DATED 02.02.2023 VIDE ANNEXURE-
B DISMISSING OF DISCHARGE APPLICATION FILED BY THE
PETITIONERS IN CC NO.26716/2018 PASSED BY LD 3RD
ADDL.CJM AT BANGALORE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58716
CRL.P No. 5188 of 2026
CNR: KAHC010236112026
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard the learned counsel for the parties.
2. This petition is filed to set aside the order dated
28.02.2026 passed by the LXVI Additional Sessions Judge,
Bengaluru, dismissing Criminal Revision Petition No.151/2023
and confirming the order dated 02.02.2023 dismissing the
discharge application in C.C.No.26716/2018.
3. Learned counsel for the petitioners would submit
that in respect of the amount mentioned in the complaint, a
proceeding under Section 138 of the Negotiable Instruments
Act, 1881 is pending in C.C.No.4637/2018 & C.C.No.5516/
2018.
4. It is the further submission that, a monetary
transaction/commercial transaction allegedly entered between
the petitioners and the complainant which is given a colour of a
criminal case and in spite of the complainant initiating action
under Section 138 of the N.I. Act, 1881.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58716
CRL.P No. 5188 of 2026
CNR: KAHC010236112026
5. The complaint is filed alleging of cheating. The
contention that the Police could not have filed the charge sheet,
the Trial Court could not have rejected the application for
discharge and the Sessions Court could not have dismissed the
revision petition.
6. Learned counsel for the petitioners would contend
that, even if the petitioners to some extent, admit that they
have received the amount, they have also repaid the amount
through online and despite the documents placed before it the
Trial Court has not accepted the same and rejected the
application.
7. Learned counsel for respondents would submit that
it is the case of cheating from the inception. The petitioners did
not have the intention to repay the amount invested by the
complainant. They induced the complainant to pay the amount
and thereafter, they did not honour the promise and the
cheque issued by the petitioners is also dishonoured, manifestly
reflecting on the intention and conduct of the petitioners to
cheat the complainant.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58716
CRL.P No. 5188 of 2026
CNR: KAHC010236112026
8. It is submitted that the police have rightly filed the
charge sheet after investigation and the Trial Court and the
Sessions Court have rightly rejected the application seeking
discharge.
9. The Court has considered the contentions raised at
the bar and perused the records.
10. The petitioners claim that the certain amount paid
by the complainant is repaid. From the materials placed on
record it appears that the amount was invested by the
complainant with the petitioners. The transaction cannot be
given a colour of a criminal case.
11. It is admitted that the complainant has already
initiated a criminal case by filing a complaint for the offence
under Section 138 of the Negotiable Instruments Act, in respect
of the amount mentioned in the present complaint. The further
prosecution for the alleged offence under cheating appears to
be wholly untenable.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58716
CRL.P No. 5188 of 2026
CNR: KAHC010236112026
12. In addition, the Court should also take into
consideration the order dated 28.09.2026 passed by this Court
which reads as under:
" Learned counsel for the complainant to ascertain
as to whether Rs.80 lakhs cash transactions referred to
in the complaint is reflected in the Income Tax Returns".
13. This order is passed in the context of the
submission made by the counsel for the complainant that cash
transaction of Rs.80,00,000/- is reflected in the income tax
returns. Till today, no such Income Tax Returns have been
furnished before the Court.
14. Considering the facts and circumstances, the
allowed
petition is .
15. Impugned order 28.02.2026 passed by the LXVI
Additional Sessions Judge, Bengaluru, dismissing Criminal
Revision Petition No.151/2023 and order dated 02.02.2023
dismissing the discharge application filed by the petitioners in
C.C.No.26716/2018 are set aside.
Digitally Signed by ANANT
RAMNATH HEGDE
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HC-KAR
NC: 2026:KHC:58716
CRL.P No. 5188 of 2026
CNR: KAHC010236112026
16. However, it is made clear that observations made in
this order should not be construed as having expressed
anything on the merits of the complaint under Section 138 of
the Negotiable Instruments Act pending before the Trial Court.
The said case shall be decided without reference to any
observations made in this proceeding and all contentions of the
complainant and the accused are kept open to be adjudicated
in the said proceedings.
Digitally Signed by ANANT
RAMNATH HEGDE
(ANANT RAMANATH HEGDE)
JUDGE
NMS
List No.: 1 Sl No.: 11