- 1 - NC: 2025:KHC:9609 CRL.P No. 3309 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3309 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI C. K. PUTTAIAH, S/O LATE KOTHURAIAH, SINCE DECEASED BY HIS LR'S 1(A). SMT. MANJULAMMA, AGED ABOUT 50 YEARS, W/O LATE C. K. PUTTAIAH, R/AT NO.112, MRR LAYOUT, H. GOLLAHALLI, VIDYA PEET CIRCLE POST, KENGERI, BENGALURU - 560 060. 1(B). SMT. C.P. DIVYA, AGED ABOUT 32 YEARS, D/O LATE C. K. PUTTAIAH, W/O ABHISHEK R, R/AT: #18, MUNESHWARA NAGAR, NEAR ITI COLLEGE, KEREKODI ROAD, HOSAKEREHALLI, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. …PETITIONERS (BY SRI. K. K. VASANTH, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9609 CRL.P No. 3309 of 2022 AND: SRI. MAHADEVASWAMY, AGED ABOUT 40 YEARS, S/O MARI, BALAJI TRAVELS, R/AT NO.7, 7TH CROSS, TANK BUND ROAD, GANDHINAGAR, BANGALORE - 560 009. …RESPONDENT (RESPONDENT IS SERVED) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 28.10.2021 PASSED IN C.C.NO.24490/2017 BY THE XXI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. 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 alleging an offence punishable under Section 138 of NI Act has been dismissed by the learned Magistrate vide impugned order, as the complainant failed to take steps to serve notice on the respondent/accused. The order reads as under: "Case called out, complainant absent, no representation made on behalf of complainant. - 3 - NC: 2025:KHC:9609 CRL.P No. 3309 of 2022 This is the case pending before this Court since 2017, as per records, repeatedly this court received report from the police that the accused is not residing in given address. Since many dates of hearing complainant fails to appear before the Court to take proper steps. It shows that he is not interested in prosecuting the case. Hence present complaint is dismissed for want of prosecution". 2. During the pendency of this petition, the original complainant died and therefore, his wife and daughter being his legal heirs were permitted to come on record. Hence, they are prosecuting this petition. 3. The cheque allegedly issued by the accused for a sum of Rs.6,50,000/-, towards a hand loan taken from the complainant was dishounored for "Funds Insufficient" in the account of the accused. As the accused failed to claim the notice issued to him and make payment, complaint was filed. 4. The learned counsel for the petitioner would contend that the notice issued to the accused was unserved and NBW was not executed as the accused evaded service of notice as well as execution of NBW by - 4 - NC: 2025:KHC:9609 CRL.P No. 3309 of 2022 changing his residence. He submitted that, if an opportunity is given, all necessary steps will be taken to prosecute the complaint by securing the accused before the trial Court. 5. It is also submitted that the complainant could not be present before the trial Court on certain dates due to the Standard Operating Procedure (SOP) which was in operation due to Covid-19 pandemic. 6. Though, respondent is served, there is no representation. 7. Having perused the entire material on record, this Court is of the view that an opportunity can be given to the petitioners to prosecute the complaint before the trial Court, to meet the ends of justice. Hence the following: ORDER i. Petition is allowed. - 5 - NC: 2025:KHC:9609 CRL.P No. 3309 of 2022 ii. The order dated 28.10.2021 passed by the XXI Addl. Chief Metropolitian Magistrate, Bengaluru, in C.C.No.24490/2017, dismissing the complaint for want of prosecution, is hereby set aside. iii. The complaint shall be restored to the original file of the trial Court and the learned Magistrate is directed to proceed with the case in accordance with law. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 22