- 1 - NC: 2025:KHC:1286 CRL.P No. 252 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 252 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: HAREESHA K V AGED ABOUT 35 YEARS, S/O VEERAPPA GOWDA, R/AT MALLAMMANA BEEDI, SAKALESHAPURA, HASSAN DISTRICT-573134 …PETITIONER (BY SRI. PRATHEEP K C., ADVOCATE) AND: SMT JYOTHI, W/O MURTHI @ MURTHI RAM, R/AT MAJOR, MALALLI ROAD, SRI PANDURANGA FLOUR MILL, RAGAVENDRA NAGAR LAYOUT, SAKALESHPURA, HASSAN DISTRICT-573134 …RESPONDENT (VIDE ORDER DATED 10.01.2025, NOTICE TO RESPONDENT IS DISPENSED WITH.) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 19.07.2024 IN C.C.NO.573/2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, SAKALESHPURA FOR THE OFFENCES P/U/S 420 AND 468 OF IPC AND TO RESTORE THE CASE IN C.C.NO.573/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, SAKALESHPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1286 CRL.P No. 252 of 2025 ORAL ORDER This Criminal Petition under Section 482 of Cr.P.C. is filed by the complainant with a prayer to quash the order dated 05.02.2024 passed by the Senior Civil Judge and JMFC, Sakleshpura, dismissing the C.C.No.573/2022 (arising out of PCR No.35/2021) for non-prosecution. 2. Heard learned counsel for the petitioner perused the material on record. 3. In view of the submission made by learned counsel for the petitioner, notice of this petition to respondent-accused is dispensed with at the risk of the petitioner. 4. The petitioner had filed a Private Complaint under Section 200 Cr.P.C. in PCR No.35/2021 before the Senior Civil Judge and JMFC, Sakleshpura, against the respondent-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the N.I. Act”). Learned Magistrate had received the affidavit in lieu of the sworn statement along with the original documents. Thereafter, the matter was posted for complainant’s evidence. Several opportunities were given to the complainant’s counsel to lead complainant’s evidence, but they did - 3 - NC: 2025:KHC:1286 CRL.P No. 252 of 2025 not turn up and the learned Magistrate, on 19.07.2024, dismissed the case for non-prosecution, as such, the petitioner is before this Court by way of the present petition. 6. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submits that due to COVID-19 pandemic exigency that was then prevailing, the complainant and his advocate could not appear before the Trial Court for certain period and thereafter, there was some miscommunication about the dates of hearing. 7. In view of the aforesaid circumstances and having regard to the submissions made on behalf of the petitioner- complainant regarding COVID-19 pandemic exigency that was then prevailing, by adopting a justice oriented approach, I deem it just and appropriate to give one more opportunity to the petitioner by allowing this petition. 8. In the result, I pass the following: ORDER (i) The Criminal Petition is allowed. - 4 - NC: 2025:KHC:1286 CRL.P No. 252 of 2025 (ii) The impugned order dated 19.07.2024 passed in C.C.No.573/2022 by the Senior Civil Judge and JMFC, Sakleshpura is hereby quashed. (iii) C.C.No.573/2022 (arising out of P.C.No.35/2021) is restored to file and the learned Magistrate is directed to proceed further in the matter in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 89