- 1 - NC: 2025:KHC:14701 CRL.A No. 1264 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.1264 OF 2019 BETWEEN: SMT. V BACKIYA LAKSHMI W/O D VELU MANI AGED ABOUT 55 YEARS R/AT No.807/5, SRS ROAD HANUMAKKA BUILDING NEW EXTENSION, PEENYA BANGALORE – 560058 …APPELLANT (BY SRI SHARAN B TADAHAL, ADVOCATE) AND: SRI CHIKKANNA S/O MUNI DODDAIAH AGED ABOUT 64 YEARS LINE MAN, WORKING IN NO.5 SUB DIVISION BESOCM SRS PAEENYA, BANGALORE – 58 …RESPONDENT (BY SRI. RAMESH KUMAR, ADVOCATE [ABSENT]) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14701 CRL.A No. 1264 of 2019 THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT DATED 27.03.2018 PASSED BY THE SMALL CAUSES AND XXVI A.C.M.M., BENGALURU IN C.C.NO.12658/2014 AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL JUDGMENT This appeal is filed challenging the judgment dated 27.03.2018 passed in C.C.No.12658/2014 by the Small Causes Court and XXVI ACMM, Bengaluru. 2. Heard the learned counsel appearing for the appellant and the counsel for the respondent is absent. 3. The main ground urged by the learned counsel for the appellant that when the matter was set down for further cross-examination, in the meanwhile, in view of the notification No.ADM1/19/17 dated 20.11.2017 of CMM, Bengaluru, the case was transferred to SCH19, ACMM, Bengaluru. The further contention of the counsel for the appellant that the said transfer information was not - 3 - NC: 2025:KHC:14701 CRL.A No. 1264 of 2019 notified to the complainant/appellant and hence, she could not appear before the concerned Court and the Trial Court taken as no cross of PW1 and posted the matter for accused evidence and DW1 was examined in chief but cross-examination of DW1 was taken as nil and thereafter pronounced the judgment of acquittal. Hence, the present appeal is filed against the said judgment. 4. Having heard the learned counsel for the appellant and also on perusal of the order sheet, no doubt, it discloses that there is reference of transfer of case from one Court to another Court and the matter was assigned to SCH19 as per the notification No.ADM1/19/17 dated 20.11.2017. Though case was listed again, there was no any reference of issuance of notice against the complainant/appellant having transferred the case to other Court. Hence, there is a force in the contention of the learned counsel for the appellant that in view of not notifying the transfer of case to some other Court to the appellant, the appellant was unable to appear before the - 4 - NC: 2025:KHC:14701 CRL.A No. 1264 of 2019 said Court. The order sheet also reveals that in view of non-appearance of the complainant, proceeded further and further cross-examination was taken as nil and thereafter, accused evidence also led and he was not cross-examined and thereafter. The matter was considered on merits and acquitted the accused. 5. Having taken note of the proceedings which was taken place before the Trial Court wherein no notification was made and no notice was issued to the appellant. When such being the case, it is appropriate to set aside the order of acquittal dated 27.03.2018 and remand the matter to the Trial Court for fresh consideration considering the stage of which the case was transferred and proceed further in accordance with law. 6. The respondent is appeared before the Court through the counsel but today, the counsel is not appeared before the Court. The parties are directed to appear before the Trial Court on 06.05.2025 without expecting any notice from the Trial Court. - 5 - NC: 2025:KHC:14701 CRL.A No. 1264 of 2019 7. This is the matter of the year 2014, hence, the Trial Court is directed to dispose of the same within six months from 06.05.2025. Sd/- (H.P.SANDESH) JUDGE SN