- 1 - NC: 2025:KHC:10696 CRL.P No. 3273 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3273 OF 2025 BETWEEN: SRI. MUKESH MEHTA PROPRIETOR, "REMI STEEL AND METAL", NO. 163/3, SADARPATRAPPA ROAD, (NEAR CMA URDU SCHOOL), BANGALORE - 560 002. …PETITIONER (BY SRI. SUNIL S NARAYAN, ADVOCATE) AND: RAVI PROPRIETOR, "SRI. SHANTHI ENTERPRISES", NO. 198/2, 12TH MAIN ROAD, 3RD PHASE PEENYA INDUSTRIAL AREA, BANGALURU - 560 058 ALSO AT NO. 199, 12TH MAIN ROAD, 3RD PHASE PEENYA INDUSTRIAL AREA, BANGALURU - 560 058. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. SET ASIDE THE IMPUGNED ORDER DATED 20.01.2025 PASSED BY THE LEARNED XXIV ADDL. CJM MAYOHALL, BANGALORE IN C.C.NO.51375/2022 AT ANNEXURE-B. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10696 CRL.P No. 3273 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner filed a private complaint under Section 200 of the Cr.P.C. for an offence punishable under Section 138 of the Negotiable Instruments Act. Upon receipt of summons, the accused appeared before the Trial Court. Thereafter, the complainant was examined as P.W.1, and the matter was set out for his cross-examination. However, the petitioner and his counsel failed to appear before the Trial Court, leading to the dismissal of the complaint for want of prosecution. 2. Heard the learned counsel for the parties. 3. The petitioner/P.W.1 failed to appear for cross- examination on two different hearing dates, despite being given sufficient opportunities by the Trial Court. Without any valid reason, he did not present himself before the court. If the complaint is not restored, the petitioner/complainant would suffer a monetary loss, if he succeeds before the Trial Court, and no prejudice would be caused to the accused by restoring the complaint and granting the petitioner another opportunity to present himself for cross examination. 4. Accordingly, the petition is allowed. The impugned order dated 20.01.2025, passed by the XXXIV Additional Chief Judicial Magistrate, Mayohall, Bengaluru, is set aside, and the complaint is restored to its file. The petitioner is directed to appear for cross-examination on the date summoned. If he fails - 3 - NC: 2025:KHC:10696 CRL.P No. 3273 of 2025 to do so, the Trial Court shall proceed in accordance with the law. This order is subject to the payment of a cost of Rs.3,000/- to the accused on or before the next date of hearing Sd/- (HEMANT CHANDANGOUDAR) JUDGE BNV List No.: 1 Sl No.: 94 CT:SNN