- 1 - NC: 2025:KHC:1728 CRL.P No. 4273 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4273 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. SATISH. G.T. S/O LATE THAMMANNA AGED ABOUT 42 YEARS, R/AT GHANTIGANAHALLI VILLAGE, SINGANAYAKANAHALLI POST, BANGALORE NORTH TALUK BANGALORE 560064 …PETITIONER (BY SRI. VENUGOPALA G M., ADVOCATE) AND: SRI. MANJUNATHA. R S/O R RAMAIAH, AGED ABOUT 41 YEARS, R/AT NO 84/6, MES KEY PERSONAL QUARTERS, AIR FORCE STATION YELAHANKA, BANGALOER 560064 …RESPONDENT (BY SRI. VELUMURUGAN S., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET SIDE THE IMPUGNED ORDER DATED 10.02.2023 PASSED BY THE A.C.J.M., BENGALURU RURAL AT BENGALURU IN C.C.NO.209/2021 AND TO REMAND THE MATTER THE TRIAL COURT FOR TRIAL AND FOR DISPOSAL IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1728 CRL.P No. 4273 of 2023 ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Call for the entire records in CC No.209/2021 on the file of II A.C.J.M., Bengaluru Rural at Bengaluru. b) To set aside the impugned order dated 10.02.2023 passed by the A.C.J.M., Bengaluru Rural at Bengaluru in C.C.No.209/2021 and to remand the matter to the Trial Court for trial and for disposal in accordance with law, in the interest of justice and equity. c) To pass such other order/s as deems fit by this Hon’ble Court under the facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner-complainant instituted the aforesaid proceedings against the respondent-accused under Section 138 of the Negotiable Instruments Act, 1881, which was dismissed for non-prosecution on 10.02.2023 by the Trial Court, which passed the impugned order, which is assailed in the present petition. 4. Though several contentions have been urged by both sides in support of their respective claims, in the light of the specific assertion that the inability and omission on the part of the petitioner - 3 - NC: 2025:KHC:1728 CRL.P No. 4273 of 2023 was due to bonafide reasons, sufficient cause and unavoidable circumstances, by adopting a justice oriented approach, I deem it just and appropriate to set aside the impugned order and restore the said criminal case back to the file of the Trial Court for disposal in accordance with law. 5. In the result, I pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The impugned order dated 10.02.2023 passed in C.C.No.209/2021 by the II A.C.J.M., Bengaluru Rural, Bengaluru is hereby set aside. (iii) Consequently, C.C.No.209/2021 is restored to the file of the Trial Court. (iv) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. (v) Both parties are directed to appear before the Trial Court on 17.02.2025 without awaiting further notice. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC:List No.: 2 Sl No.: 6