- 1 - NC: 2025:KHC:12075 CRL.P No. 2197 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2197 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: M/S. GURU FAB, NO. 60/2, BYRAVESHWARANAGAR, THAMANAHALLI, NEAR ACHARYA COLLAGE, ACHUTHANAGAR POST, BANGALORE - 560 107, REPRESENTED BY ITS PROPRIETOR, SRI. SURESH T.H, S/O LATE HANUMAIAH. …PETITIONER (BY SRI. PRAVEENA KUMARA NIRVANI, ADVOCATE) AND: G.P. STEEL, BILAL MASJID ROAD, HIRIYUR, CHITRADURGA DISTRICT - 577 598, REPRESENTED BY ITS PROPRIETOR, SRI. PYARU BAI. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE IMPUGNED ORDER DATED 13.09.2022 PASSED BY THE XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN PCR NO.6978/2020. CONSEQUENTLY, PERMIT THE PETITIONER TO TAKE A STEPS TO PRODUCE THE ORIGINAL DOCUMENT IN PCR NO.6978/2020. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12075 CRL.P No. 2197 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Complaint filed by the petitioner against the respondent, alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 was dismissed by the learned Magistrate vide impugned order, as the complainant was continuously absent, aggrieved by the said order the complainant is before this Court. 2. Complaint was filed on 07.07.2020. A perusal of the order sheet of trial Court shows that the complainant remained absent on every date of hearing. Admittedly, it was a time when the standard operating procedure was in force due to COVID-19 Pandemic. 3. Complaint pertains to a cheque, allegedly issued by the accused for a sum of Rs.1,00,000/- (Rupees One Lakh only), in discharge of a legally enforceable debt. - 3 - NC: 2025:KHC:12075 CRL.P No. 2197 of 2023 4. Learned counsel for petitioner submits that if an opportunity is granted, he will prosecute his complaint by regularly appearing before the trial Court. 5. Considering that the complaint was not dismissed on merits but for non-prosecution, as the complainant failed to appear before the trial Court and considering the facts and circumstances, I deem it appropriate to grant one opportunity to the petitioner to appear before the trial Court and to prosecute his complaint, however, by imposing cost. Hence, the following: ORDER i. Petition is allowed. ii. The order dated 07.09.2022 passed by the XX Additional Chief Metropolitan Magistrate, Bengaluru in PCR.No.6978/2020 is set-aside. iii. The complaint shall be restored to its original file and learned Magistrate is directed to proceed in accordance with law. iv. Petitioner shall appear before the Jurisdictional Court on 07.04.2025, without further notice. - 4 - NC: 2025:KHC:12075 CRL.P No. 2197 of 2023 v. Petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) towards cost, before the trial Court. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 3 CT: BHK