- 1 - NC: 2025:KHC:14808 CRL.P No. 2383 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 2383 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. PRAVEEN KUMAR N.K., ADVOCATE) AND: G.P. STEEL BILAL MASJID ROAD, HIRIYUR, CHITRADURGA DISTRICT-572 143, REPRESENTED BY ITS PROPRIETOR, SRI. PYARU BAI. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO (i) CALL FOR RECORDS IN P.C.R.NO.6976/2020 PENDING BEFORE THE XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE; (ii) SET ASIDE THE IMPUGNED ORDER DATED 13.09.2022 PASSED BY THE XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN P.C.R.NO.6976/2020 AND MATTER MAY BE REMANDED BACK TO TRIAL COURT FOR FRESH CONSIDERATION. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:14808 CRL.P No. 2383 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Order dated 13.09.2022 passed by the XX ACMM, Bengaluru, dismissing the complaint filed by the petitioner against the respondent for the offence punishable under Section 138 of N.I. Act, is called in question in this petition. 2. Complaint was filed in respect of dishonour of a cheque allegedly issued by the respondent for a sum of Rs.48,875/-. As the complainant and his counsel were repeatedly absent before the trial Court, the learned Magistrate has passed the impugned order. 3. Learned counsel for petitioner submits that if an opportunity is given, petitioner will prosecute his complaint with due diligence and he will appear regularly before the trial Court. He submits that if the petitioner is not - 3 - NC: 2025:KHC:14808 CRL.P No. 2383 of 2023 permitted to prosecute the complaint, a great hardship will be caused to him. 4. Considering that the complaint was dismissed for non-prosecution and in view of the submission of the learned counsel for petitioner, an opportunity may be granted to the petitioner to appear before the trial Court and to prosecute his complaint, however, imposing cost. It is made clear that no further indulgence will be shown to the petitioner. 5. Hence, the following: ORDER (i) Petition is allowed. (ii) The order dated 13.09.200 passed in PCR No.6976/2020 by the Court of XX Additional Chief Metropolitan Magistrate, Bengaluru is set aside. - 4 - NC: 2025:KHC:14808 CRL.P No. 2383 of 2023 (iii) The complaint is ordered to be restored to its file and the learned Magistrate shall proceed further in accordance with law. (iv) Petitioner shall appear before the trial Court on 21.04.2025 without any further notice and he shall appear on subsequent dates as notified by the trial Court. (v) He shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) towards cost, in the trial Court. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 18 Ct:ar