- 1 - NC: 2025:KHC:17076 CRL.P No. 6061 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6061 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SHRUTHI P W/O PAVIN PONANNA C/O AREYA SOMAPPA NAPOKLU MADIKERI COORG DISTRICT PIN CODE NO.571 214 CORRECT ADDRESS LAYOUT, SANJAYANAGAR PIN CODE 560 094. …PETITIONER (BY SRI. RAJU C N., ADVOCATE) AND: M/S AKKA COMMUNICATIONS PVT LTD., NO.337 SOURABHA COMPLEX, 2ND FLOOR, 10TH MAIN, BANASHANKARI, 1ST STAGE, 2ND BLOCK, REPRESENTED BY ITS DIRECTOR SRI.B.S.LINGADEVARU, BENGALORE 560 050. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER PASSED IN C.C.NO.4195/2022 DATED 12.03.2025 PASSED BY THE XX ADDL. JUDGE COURT OF SMALL CAUSES AND ACJM AT BENGALURU, FOR THE OFFENCE P/U/S 138 OF N.I. ACT, BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17076 CRL.P No. 6061 of 2025 ORAL ORDER 1. The petitioner has challenged the order passed by the learned Trial Court under Section 82 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”), whereby a proclamation has been issued declaring the petitioner as an absconding accused on the ground that he failed to appear before the Court despite service of summons. 2. The petitioner contends that the summonses were, in fact, never duly served upon him, and therefore, his non- appearance before the Trial Court was neither willful nor deliberate. The petitioner further submits that he is ready and willing to appear before the learned Trial Court on the next date of hearing and undertakes to attend all future proceedings as and when summoned. 3. The aforesaid undertaking given by the petitioner is placed on record. 4. In light of the petitioner’s undertaking and the submission that summons were not duly served, and to prevent miscarriage of justice, it would be appropriate to set aside the impugned proclamation issued under Section 82 of Cr.P.C. - 3 - NC: 2025:KHC:17076 CRL.P No. 6061 of 2025 ORDER i. Accordingly, petition is allowed. The order dated 12.03.2025 passed by the XX Addl. Judge, Court of Small Causes and ACJM, Bangalore passed in C.C.No.4195/2022 is hereby quashed. ii. The petitioner shall appear before the trial Court on next date of hearing and also regularly as and when summoned failing which, the trial Court to pass an appropriate order in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 48