- 1 - NC: 2025:KHC:11112 CRL.P No. 3679 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. 3679 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: BINU, AT CHARUVILA PUTHERN VEEDU, PERINGAMALA, KALLIYOOR, SO, THIRUVANANTHAPURAM, KALLIYOOR, KERALA-695042 …RESPONDENT THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 27.09.2024 IN C.C.NO.4137/2020, PASSED BY THE 1ST ADDL. SCJ AND ACJM (SCCH-11), BENGALURU AND RESTORE AND REOPEN THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11112 CRL.P No. 3679 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner filed a complaint under Section 200 of the Cr.P.C. for the offence punishable under Section 138 of the NI Act. 2. Cognizance for the offence under Section 138 of the NI Act was duly taken, and a case was scheduled to hear the complainant on 27.11.2020. On that date, the trial Court directed the registration of a criminal case against the accused and issued summons. Subsequently, the complainant was granted additional time to take steps to issue notice, and the petitioner continuously took measures to ensure that summons were issued to the accused. The order sheet dated 29.08.2024 indicates that the complainant was present, the processing fee was paid, and summons were subsequently issued to the accused by hand. However, on 27.09.2024, when the complainant appeared, the trial Court dismissed the appeal for want of prosecution on the grounds that the summons, which had been issued repeatedly, had not been received by the accused, and the complainant had also failed to return the summons. 3. The learned counsel for the petitioner was heard. - 3 - NC: 2025:KHC:11112 CRL.P No. 3679 of 2025 4. The petitioner has consistently taken steps to issue summons; however, despite these efforts, the summons have not been served on the accused. This demonstrates the petitioner’s diligence in prosecuting the complaint. The petitioner further undertakes to take immediate steps to issue notice to the accused on the next date of hearing. It is submitted that, if the complaint is not restored, the petitioner will suffer monetary loss upon succeeding at trial, while no prejudice will be caused to the accused if the complaint is restored. 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.4137/2020 is hereby set aside and the complaint is restored to its file. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NS CT:TSM