- 1 - NC: 2025:KHC:2631 CRL.P No. 1674 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1674 OF 2023 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SRI RAMASWAMY GANESAN AGED ABOUT 76 YEARS R/O A 1111, A BLOCK FIRST FLOOR KOMARLA BRIGADE RESIDENCY UTTRAHALLI ROAD CHIKKALASANDRA BENGALURU 560061 …PETITIONER (BY SRI. P MAHESHA.,ADVOCATE) AND: MR NARAYANAREDDY AGED 60 YEARS S/O LATE RAMA REDDY R/AT NO 40, 2ND CROSS OPP ROAD TO SRI SAI JOTHI GREEN APARTMENT 1ST MAIN ROAD KAGGADASPURA MAIN ROAD BENGALURU 560093 PRESENTLY RESIDING AT (NEW ADDRESS) …RESPONDENT (BY SMT. ANAGHA N., ADVOCATE FOR SRI. SRINIVASA G S.,ADVOCATE) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED XVI ADDL.C.M.M., BENGALURU IN C.C.NO.10300/2019 DATED 16.01.2023 AND TO RESTORE THE CASE TO THE ORIGINAL STAGE. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2631 CRL.P No. 1674 of 2023 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, 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 CC No.10300/2019 is directed against the impugned order dated 16.01.2023 whereby the said petition filed by the petitioner-complainant under Section 138 of the Negotiable Instrument Act was dismissed for non- prosecution. 2. Heard learned counsel for the petitioner- complainant and learned counsel for the respondent- accused and perused the material on record. 3. A perusal of the material on record would indicate that it is the specific contention of petitioner that when the matter was posted on 16.01.2023 before the trial Court, the petitioner could not appear on that day and tender evidence on account of his advanced age, which was about 79 years and due to personal inconvenience, as a result of - 3 - NC: 2025:KHC:2631 CRL.P No. 1674 of 2023 which the trial Court noted the absence of the petitioner and dismissed the complaint for non-prosecution by passing the impugned order which is assailed in the present petition. 4. Learned counsel for the petitioner submits that the inability and omission on part of the petitioner- complainant to remain present before the trial Court on 16.01.2023 was due to bonafide reasons, unavoidable circumstance and sufficient cause and as such, it is necessary to set aside the impugned order and restore the complaint filed so as to enable the petitioner to prosecute the case on merits, failing which the petitioner- complainant would be put to irreparable injury and hardship and justice would suffer. 5. Per contra, learned counsel for respondent- accused would submit that the petitioner did not exercise due diligence in prosecuting the case and as such there is no merit in the petition and the same is liable to be dismissed. - 4 - NC: 2025:KHC:2631 CRL.P No. 1674 of 2023 6. A perusal of the material on record including the impugned order would indicate that the trial Court has dismissed the complaint for non-prosecution on the ground that the petitioner was not diligent in prosecuting the compliant. However, in the light of the specific assertion on the part of the petitioner that his inability and omission to appear before the trial Court on 16.01.2023 was on account of his advanced age and personal inconvenience and due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it fit and appropriate to adopt justice oriented approach and in order to provide one more opportunity to the petitioner to prosecute the compliant on merits, I am of the view that the impugned order passed by the trial Court dismissing the compliant for non- prosecution deserves to be set aside and the compliant be restored to file of the trial Court subject to the petitioner paying Rs.10,000/- to the respondent on the next date of hearing before the trial Court. Hence, I pass the following: - 5 - NC: 2025:KHC:2631 CRL.P No. 1674 of 2023 ORDER i. The petition is hereby allowed. ii. Impugned order dated 16.01.2023 passed in CC No.10300/2019 passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru is hereby set aside and the said case is restored to the file of the trial Court, subject to petitioner paying cost of Rs.10,000/- to the respondent on the next date of hearing of the case. iii. Both the petitioner and respondent undertake to appear before the trial Court on 12.02.2025 without awaiting further notice of the trial Court. iv. The petitioner shall pay a sum of Rs.10,000/- to respondent on 12.02.2025 and proceed further in the matter. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SR List No.: 1 Sl No.: 1