- 1 - NC: 2025:KHC:16689 CRL.A No. 712 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.712 OF 2024 BETWEEN: 1. RAHATHUNNISA W/O SYED MOOSA AGED ABOUT 44 YEARS RESIDING AT NO.26 SOMESHWAR NAGAR 1ST BLOCK, JAYANAGAR 4TH BLOCK JAYANAGAR, BENGALURU NORTH BENGALURU-560 011. …APPELLANT (BY SRI. MOHAMMED TAHIR, ADVOCATE -THROUGH VC) AND: 1. TAJAMUL PASHA SAUGHAAT TOURS INTERNATIONAL ADDRESS NO.31, AHMED COMPLEX NEAR BAITHULMAAL FUNCTION HALL ARUNACHALAM MUDALIAR ROAD SHIVAJINAGAR BENGALURU-560 051. …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 12.01.2023 PRESENT AT ANNEXURE-A i.e., IMPUGNED DISMISSAL ORDER PASSED BY THE XVI ADDL.C.M.M., BENGALURU IN C.C.NO.19334/2022 ARISING OUT OF PCR.NO.2964/2022 AND CONSEQUENTLY RESTORE THE CASE i.e., C.C.NO.19334/2022 ARISING OUT OF PCR.NO.2964/2022 Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16689 CRL.A No. 712 of 2024 ON THE FILE OF XVI ADDL.C.M.M., BENGALURU IN C.C.NO.19334/2022 ARISING OUT OF PCR.NO.2964/2022 FOR DISPOSING THE CASE ON MERITS. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant appeared through Video Conferencing and submits that this case is dismissed for non-prosecution. Learned counsel also brought to notice of this Court order passed by the Trial Court dated 12.01.2023 and submits that on the previous occasion on 24.10.2022, complainant and accused are called out, absent and no representation on both sides, however, matter was referred to the Lok-adalath and when the matter was taken up before the Lok-adalath on 12.11.2022, matter was not settled. Hence, the matter was returned to the Court to call this case before the Court on 12.01.2023. In terms of the order dated 12.01.2023, the Court taken note of the fact that case was called out, no representation and again case was called at 3.00 p.m. and Trial Court dismissed the complaint, in coming to the conclusion that no doubt it is true that the case should not be dismissed either for default or for non prosecution. But on the other hand, the - 3 - NC: 2025:KHC:16689 CRL.A No. 712 of 2024 case has to be decided on merits and the real controversy between the parties has to be adjudicated finally and effectively. But, in this case, the complainant continuously remained absent. This shows that, the complainant is not interested in prosecuting this case. The proceedings of this case is summary in nature and dismissed the same. 2. Having heard learned counsel for the appellant, he brought to notice of this Court that when matter was referred to Lok-adalath also, the same was returned as not settled before the Court and on the very next date of hearing on 12.01.2023, the Trial Court passed the impugned order dismissing the complaint and having taken note of the same, when the matter was referred to Lok-adalath and matter was not settled before the Lok-adalath, on the very next date, dismissal order was passed. Having gone through the dismissal order also, though Trial Court made an observation that it cannot be dismissed for default and matter has to be considered on merits, but failed to take note of said fact into consideration and on the very next date of referring the matter to the Court by the Lok-adalath, complaint was dismissed. Hence, the appellant has made out the ground to set aside the - 4 - NC: 2025:KHC:16689 CRL.A No. 712 of 2024 impugned order and the Trial Court is directed to consider the matter afresh. 3. In view of the discussion made above, I pass the following: ORDER (i) The criminal appeal is allowed. (ii) The impugned order passed by the Trial Court is set aside and matter is remitted to the Trial Court to consider the matter afresh in accordance with law. (iii) The appellant is directed to appear before the Trial Court on 28.05.2025. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 15