- 1 - NC: 2025:KHC:14580 CRL.P No. 6598 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6598 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: M/S. SATVIKK SPECIALITY FOODS PRIVATE LIMITED HAVING ITS REGISTERED OFFICE AT NO 05, 4TH CROSS NEAR APM YARD SIDDHI COMPLEX, YESHWANTHPUR BENGALURU - 560022 REP BY ITS DIRECTOR MR VEERENDAR D NAHAR AGED ABOUT 46 YEARS …PETITIONER (BY SRI. ROHITH B J., ADVOCATE) AND: 1. M/S. RICH FOOD AGRO CORPORATION BOLAMBALLI VIA KAMBADA KONE KUNDAPURA TALUK UDUPI DISTRICT - 572106 KARNATAKA REPRESENTED BY VUNUTHA JAIN. 2. SMT VINUTHA JAIN W/O PRITHVIRAJ JAIN PROPRIETOR M/S RICH FOOD AGRO CORPORATION BOLAMBALLI VIA KAMBADA KONE KUNDAPURA TALUK UDUPI DISTRICT - 572106 …RESPONDENTS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14580 CRL.P No. 6598 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE ORDER DATED 26.03.2024, ON THE FILE OF THE HONBLE XX ADDL. SMALL CAUSE JUDGE AND ADDL. CMM AT BANGALORE IN C.C.951/2017 PRODUCED AT ANNEXURE-A IN DISMISSING THE COMPLAINT FILED BY THE PETITIONER U/S 200 OF THE CR.P.C, 1973 FOR DEFAULT BY RESTORING SAME TO THE FILE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner (complainant) challenges the order passed by the Trial Court, whereby the complaint filed by the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, came to be dismissed for non-prosecution. 2. The Trial Court, after registering the case against the accused for the offence punishable under Section 138 of the N.I. Act, issued summons and subsequently issued a non- bailable warrant against the accused on account of their non- appearance. The petitioner, on several occasions, had taken steps to execute the non-bailable warrant against the respondents (accused Nos. 1 and 2). 3. Since the warrant remained unexecuted, the matter was posted on 26.03.2024 for taking further steps for issuance of the non-bailable warrant. However, the petitioner was not present on the said date, which prompted the Trial Court to - 3 - NC: 2025:KHC:14580 CRL.P No. 6598 of 2024 dismiss the complaint for non-prosecution. 4. A perusal of the order sheet indicates that the petitioner was diligent in taking steps on multiple occasions and remained absent only once. Furthermore, no prejudice will be caused to the accused if the complaint is restored. On the contrary, the complainant would suffer monetary loss if the complaint were to remain dismissed for non-prosecution, and succeeds in the trial. 5. Accordingly, the petition is allowed. The impugned order dated 26.03.2024 passed in C.C. No. 951/2017 by the learned XX Additional Small Causes Judge and Additional Chief Metropolitan Magistrate, Bangalore, is hereby set aside. Consequently, the complaint is restored to its original file. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 115