- 1 - HC-KAR NC: 2025:KHC:18510 CRL.P No. 6245 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 6245 OF 2018 BETWEEN: SHRI. B.K. SHIVA KUMAR, S/O B.N. KRISHNAPPA, AGED ABOUT 42 YEARS, NO. 846, MAHESHWARAMMA TEMPLE ROAD, VI "A" CROSS, KEMPE GOWDA NAGARA, T. DASARAHALLI, BANGALORE - 560 067. …PETITIONER (BY SRI. MAHESH S & CO, ADVOCATE) AND: SRI. CHIKKEMPE GOWDA, S/O.LATE JAVARE GOWDA, NO.1013, X MAIN ROAD, III STAGE, 1ST BLOCK, BASAVESHWARA NAGAR, BANGALORE - 560 079. …RESPONDENT (RESPONDENT - SERVED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 17.03.2018 PASSED BY THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.A.NO.674/2016 AND RESTORE THE APPEAL PERMITTING THE APPELLANT TO PROSECUTE THE ABOVE CASE. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18510 CRL.P No. 6245 of 2018 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS JUSTICE J.M.KHAZI ORAL ORDER Heard learned counsel for the petitioner. 2. Despite service of notice, respondent has not appeared. 3. The petitioner before this Court is accused. The complaint in C.C.No.28604/2015 filed against him under Section 200 Cr.P.C for the offence punishable under Section 138 of N.I. Act came to be allowed. He was convicted and sentenced to undergo imprisonment and also pay fine. Accused challenged the same before the Sessions Court in Crl.A.No.674/2016. It came to be dismissed for non-prosecution on 17.03.2018, on the ground that despite granting several adjournments, the accused has not taken steps to secure the presence of respondent/complainant. 4. Accused has challenged the same in this petition, contending that the earlier adjournments were granted as - 3 - HC-KAR NC: 2025:KHC:18510 CRL.P No. 6245 of 2018 accused has challenged the order directing him to deposit 50% of the fine amount. On 17.03.2018, the office note state that it has not sent the notice in time and as such it is returned unserved. On that day, noting that steps have not been taken, the appeal is dismissed. 5. In the present petition, though respondent has been duly served, he has not chosen to appear. From the order sheet, it is evident that several adjournments have been given to the accused to take steps against respondent in order to secure him. The order sheet dated 31.01.2018 again indicate that on that day PF was paid and the trial Court directed issue of notice to respondent returnable by 17.03.2018. The endorsement made in the order sheet indicate that the concerned clerk has issued the notice on 03.02.2018. The note made in the order sheet dated 17.03.2018 state that the notice issued to respondent is returned with endorsement that it could not be served for want of sufficient time. Therefore, on 17.03.2018, the stage was not for taking steps. Consequently, on - 4 - HC-KAR NC: 2025:KHC:18510 CRL.P No. 6245 of 2018 17.03.2018, the Sessions Court was not justified in dismissing the appeal for non-prosecution. All said and done fact remains that the appeal is not decided on merit. The accused is convicted and sentenced by the trial Court to pay fine with default sentence of imprisonment. Compensation is also awarded. Therefore, it is necessary that the appeal be decided on merit. No prejudice would be caused to the complainant as he would also be heard and accordingly, the following: ORDER (i) The petition is allowed on payment of cost of Rs.2,000/-. (ii) The petitioner is directed to appear before the Sessions Court/Appellate Court on 16.06.2025 and deposit the cost of Rs.2,000/- before the Sessions Court/Appellate Court and take necessary steps for issue of notice to respondent/complainant. - 5 - HC-KAR NC: 2025:KHC:18510 CRL.P No. 6245 of 2018 (iii) He shall co-operate with the Sessions Court/Appellate Court for disposal of the appeal within a period of three months from the date of appearance of the respondent/complainant. (iv) He shall prosecute the appeal diligently without seeking unnecessary adjournments. Sd/- (J.M.KHAZI) JUDGE KBM/RR List No.: 1 Sl No.: 24 CT: BHK