- 1 - NC: 2025:KHC:10026 WP No. 5684 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 5684 OF 2025 (GM-RES) BETWEEN: M/S. RINSE TOP TEX PRIVATE LIMITED, A COMPANY REGISTERED UNDER COMPANIES ACT HAVING ITS OFFICE AT NO. A 418 (A), 9TH MAIN, 14TH CROSS, PEENYA 2ND STAGE, BENGALURU - 560 058. REPRESENTED BY ITS DIRECTOR SRI VICKY LAKHANI. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. SRI SAI CREATIONS, A PROPERTY CONCERN, NO 10, KUDUREGERE MAIN ROAD, ANBJANAPPA CIRCLE, NEAR GOMBE MANE, NAGASANDRA POST, THOTADA GUDDADAHALLI, BENGALURU - 560 073. REPRESENTED BY ITS PROPRIETOR, PRAKASH A. B. 2. PRAKASH A. B., S/O BASAVARAJAPPA, PROPRIETOR, SRI SAI CREATIONS, NO 10, KUDUREGERE MAIN ROAD, ANBJANAPPA CIRCLE, Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10026 WP No. 5684 of 2025 NEAR GOMBE MANE, NAGASANDRA POST, THOTADA GUDDADAHALLI, BENGALURU - 560 073. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W UNDER SECTION 528 OF BHARATIYA NAGARIKA SURAKSHA SANHITA 2023, 1974 FOR RESTORATION PRAYING TO SET ASIDE THE ORDER OF DISMISSAL DATED 22.07.2024 PASSED BY THE 38TH ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN CC NO. 15845/2024 (PCR NO. 6563/2024) ANNX-A AND RESTORE THE CASE, DIRECT THE TRIAL COURT TO PROCEED WITH THE CASE AS PER LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: "i. Set aside the order of dismissal dated 22/07/2024 passed by the 38th Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.15845/2024 (PCR No.6563/2024) Annexure - A, and restore the case, direct the Trial Court to proceed with the case as per law and; ii. Pass appropriate orders under the circumstances of the case in the interest of justice and equity." - 3 - NC: 2025:KHC:10026 WP No. 5684 of 2025 2. Heard the learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed. 3. A perusal of material on record will indicate that the petitioner instituted proceedings in PCR No.6563/2024 against the respondents which was numbered as C.C.No.15845/2024. Since the petitioner/complainant did not take steps for service of notice to the respondents/accused, the Trial Court proceeded to pass the impugned order dated 22.07.2024 dismissing the case for non-prosecution. Aggrieved by which, the petitioner is before this Court by way of the present petition. 4. A perusal of the material will indicate that in the light of specific assertions on the part of the petitioner that he could not be present along with his counsel on 22.07.2024, nor pay the necessary process fee is due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order dated 22.07.2024 and restore the case back on the file of the Trial Court for disposal in accordance with law. - 4 - NC: 2025:KHC:10026 WP No. 5684 of 2025 5. In the result, the following: ORDER (i) The petition is allowed. The impugned order dated 22.07.2024 is set aside. (ii) The proceedings in C.C. No.15845/2024 is restored to the file of Trial Court. (iii) The petitioner undertakes to appear before the Trial Court on 02.04.2025 and pay the necessary process fee, charges etc., for issuance of notice to the respondents on 02.04.2025 without seeking any adjournment under any circumstances whatsoever. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 58