- 1 - NC: 2025:KHC:6721 CRL.P No. 1839 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1839 OF 2025 BETWEEN: DEVARAJU T S/O.LATE THIMMEGOWDA, AGED ABOUT 54 YEARS, R/O. GAVENAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN-573 212. …PETITIONER (BY SRI. CHETHAN B, ADVOCATE) AND: MOSHAN S/O. MOHAMMED HARIF, AGED ABOUT 38 YEARS, R/O.2ND CROSS, FRONT OF ASHOKA LEYLAND SHOWROOM, THANNIRUHALLA, HASSAN-573 201. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ORDER DATED 17-02-2024 PASSED IN C.C NO. 5231/2016 (PCR NO. 999/2015) PASSED BY THE HON’BLE V ACJ AND JMFC AT HASSAN IN THE PROCEEDINGS INITIATED UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6721 CRL.P No. 1839 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the complainant in C.C.No.5231/2016 directed against the impugned order dated 17.02.2024 passed by the V ACJ & JMFC at Hassan, whereby the said complaint filed by the petitioner-complainant under Section 138 of Negotiable Instrument Act, (for short 'N.I.Act') was dismissed for non-prosecution by the trial Court. 2. Heard the learned counsel for the petitioner and perused the materials on record. 3. For the order proposed, since the respondent was not served with notice of the proceedings before the trial Court, notice of the present petition to the respondent is dispensed with. 4. Perusal of the impugned order would indicate that in spite sufficient opportunity given by the trial Court, the complainant, frequently, remained absent and failed to take steps against the accused. Therefore, trial Court proceeded to pass the impugned order dismissing the petition for non- - 3 - NC: 2025:KHC:6721 CRL.P No. 1839 of 2025 prosecution, aggrieved by which, petitioner is before this Court by way of the present petition. 5. Under these circumstances, I deem it just and appropriate to adopt justice oriented approach in order to provide one more opportunity to the petitioner by setting aside the impugned order dated 17.02.2024, restore C.C.No.5231/2016 and direct the trial Court to dispose of the proceedings in accordance with law as expeditiously as possible. 6. Accordingly, I pass the following: ORDER i. Petition is hereby allowed. ii. Impugned order dated 17.02.2024 is hereby set aside and C.C.No.5231/2016 is restored to the file of the trial Court. iii. Petitioner undertakes to appear before the trial Court on 24.02.2025 without awaiting further notice from the trial Court. iv. On the said date i.e., on 24.02.2025, trial Court shall issue notice to the respondent- - 4 - NC: 2025:KHC:6721 CRL.P No. 1839 of 2025 accused and proceed further and dispose of the proceedings as expeditiously as possible. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 84