- 1 - NC: 2025:KHC:6782 CRL.P No. 1880 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. 1880 OF 2025 BETWEEN: SMT. D.N BRAMARAMBA W/O. LATE P. SURESH BABU, AGED ABOUT 58 YEARS, R/AT. NO.81, 7TH CROSS, 5TH MAIN, R.K LAYOUT, PADMANABHANAGAR, BANGALORE-560 070. …PETITIONER (BY SRI. AKASH R RAO, ADVOCATE) AND: SRI. RATHEESH CHANDRAN S/O. A. CHANDRAN AGED ABOUT 44 YEARS, R/AT. NO. L-4, VIVA 'D' BLOCK VM APARTMENTS DODDAKAMMANAHALLI MAIN ROAD, OFF B.G ROAD, BANGALORE-560 076. AND ALSO AT SATHYA PATTATHALACHI ELAPPULLY POST, PALAKKAD, KERALA STATE-678 533. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH VIDE ORDER DATED 14/02/2025) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ORDER DATED 13/02/2024 PASSED BY LEARNED Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6782 CRL.P No. 1880 of 2025 XVI ADDL. CHIEF METROPOLITAN MAGISTRATE AT BANGALORE IN C.C NO. 8231/2023 AND RESTORE THE ABOVE CASE TO ITS FILE. 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 in C.C.No.8231/2023 directed against the impugned order dated 13.02.2024 passed by the XVI ACMM, Bengaluru, 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 - 3 - NC: 2025:KHC:6782 CRL.P No. 1880 of 2025 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- 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 13.02.2024, restore C.C.No.8231/2023 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 13.02.2024 is hereby set aside and C.C.No.8231/2023 is restored to the file of the trial Court. iii. Petitioner undertakes to appear before the trial Court on 03.03.2025 without awaiting further notice from the trial Court. - 4 - NC: 2025:KHC:6782 CRL.P No. 1880 of 2025 iv. On the said date i.e., on 03.03.2025, trial Court shall issue notice to the respondent- 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.: 85