- 1 - NC: 2025:KHC:5402 CRL.P No. 1373 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.1373 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SHRI AMASIDDA KATTIMANI, S/O SUKADEV, AGED ABOUT 46 YEARS, RESIDING AT NO. 452, 3RD MAIN ROAD, KEMPEGOWDA, T-DASARAHALLI POST, BANGALORE – 560 057. …PETITIONER (BY SRI. SUBRAMANI M. FOR SRI. NATARAJ D., ADVOCATES) AND: SHRI CHENNAPPA, S/O LATE GANGANNA, AGED ABOUT 39 YEARS, RESIDING AT NO.64, 1ST MAIN ROAD, 2ND CROSS, GARDEN SCHOOL ROAD, KEMPEGOWDA NAGAR, T-DASARAHALLI POST, BENGALURU – 560 057. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH VIDE ORDER DATED 05.02.2025) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 17.12.2024 OF DISMISSAL FOR NON-PROSECUTION PASSED IN C.C.NO.38457/2022 ON THE FILE OF THE XX ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND RESTORE THE ABOVE CASE FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I ACT. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5402 CRL.P No. 1373 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the complainant is directed against the impugned order dated 17.12.2024 passed in C.C.No.38457/2022 by the XX Addl. Chief Metropolitan Magistrate, Bengaluru, whereby the said private complaint filed by the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act, was dismissed for non-prosecution. 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondent is dispensed with. 3. Learned counsel for the petitioner submits that on account of ill-health and hospitalization of his father, the petitioner and his learned counsel could not be present on 09.03.2024 before the Trial Court, which proceeded to dismiss the matter for non- prosecution. 4. The said submission is placed on record. - 3 - NC: 2025:KHC:5402 CRL.P No. 1373 of 2025 5. A perusal of the material on record will indicate that the omission and inability on the part of the petitioner to appear before the Trial Court on 09.03.2024 was due to bonafide reasons, unavoidable circumstances and sufficient cause. Hence, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court to enable the petitioner to pursue the matter, in accordance with law. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 17.12.2024 passed in C.C.No.38457/2022 by the XX Addl. Chief Metropolitan Magistrate, Bengaluru, is hereby set aside. (iii) Matter is remitted back to the file of the XX Addl. Chief Metropolitan Magistrate, Bengaluru, to enable the petitioner to pursue the matter, in accordance with law. (iv) Petitioner – complainant undertakes to appear before the Trial Court on 24.02.2025. - 4 - NC: 2025:KHC:5402 CRL.P No. 1373 of 2025 (v) The Trial Court is directed to issue notice to the respondent and proceed further in the matter. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 1 Sl No.: 83