- 1 - NC: 2025:KHC:11097 CRL.P No. 3669 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3669 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: M/S. MANAPPURAM FINANCE LIMITED, BRANCH OFFICE AT MANAPPURAM HOUSE, VALAPAD, THRISSUR DISTRICT, KERALA- 680 567. REPRESENTED BY ITS AUTHORISED SIGNATORY, MR.CHIDANANDA S. G., ALSO HAVING OFFICE AT NO.11/1, BRS ARCADE, 8TH CROSS, STREET, DT STREET, PALACE GUTTAHALLI MAIN ROAD, MALLESHWARAM, BENGALURU-560 003. …PETITIONER (BY SRI. SIJI MALAYIL, ADVOCATE) AND: JIBY IGNASIUS S/O IGNASIUS, AT 435B (40/1335), MANAYATH, 35 PALARIVATTOM, KOCHI CORPORATION, NEAR SUVARANA VAYANASHALA, KERALA- 682 025. …RESPONDENT THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THE PRESENT PETITION AND QUASH THE IMPUGNED ORDER DATED 27.09.2024 IN C.C.NO.4793/2020, PASSED BY THE 1ST ADDL. SCJ AND ACJM (SCCH-11) BENGALURU, AND RESTORE AND RE-OPEN THE CASE. Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:11097 CRL.P No. 3669 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 complaint under Section 200 of the Cr.P.C. for an offence punishable under Section 138 of the NI Act. 2. The trial court took cognizance of the offence under Section 138 of the NI Act and scheduled the case for a hearing on 14.12.2020. On that date, the court directed that a criminal case be registered against the accused and issued summons. The complainant was granted time to take steps for issuing the notice, and from time to time, the petitioner took steps to issue summons to the accused. The order sheet dated 29.08.2024 indicated that the complainant was present, the process fee was paid, and thereafter, summons were issued to the accused by hand. However, on 27.09.2024, the complainant remained absent, and the trial court dismissed the complaint for want of prosecution, stating that the summons had not been received by the accused despite being repeatedly issued and that the complainant had not returned the summons. 3. Heard the learned counsel for the petitioner. - 3 - NC: 2025:KHC:11097 CRL.P No. 3669 of 2025 4. The petitioner had taken steps to issue summons, but the summons had not been served on the accused. Therefore, the petitioner was diligent in prosecuting the complaint, and it was only on 27.09.2024 that the complainant remained absent. The petitioner undertakes to take steps to issue notice to the accused on the next date of hearing. If the complaint is not restored, the petitioner will suffer monetary loss in the event of succeeding in the trial. 5. Accordingly, the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 27.09.2024 passed by the I Additional Small Cause Judge and ACJM (SCCH-11), Bengaluru in C.C.No.4793/2020 is hereby set aside and the complaint is restored to its file. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NS CT:TSM List No.: 1 Sl No.: 77