- 1 - NC: 2025:KHC:10898 CRL.A No. 896 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO. 896 OF 2019 BETWEEN: 1. C. PUTTASWAMY S/O KAGECHIKKAIAH AGED ABOUT 65 YEARS R/O CHAMANAHALLI VILLAGE KASABA HOBLI, MADDUR TALUK MANDYA - 560 070. …APPELLANT (BY SRI. H.V.VIDHYA SAGAR, ADVOCATE FOR SRI. KEMPARAJU, ADVOCATE) AND: 1. ASHWINI D/O SIDDAPPA AGED ABOUT 28 YEARS WORKING AT ASHWHINI MEDICAL AND GENERAL STORE KOPPA ROAD, SHIVAPURA MADDUR TALUK MANDYA - 560 085. …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF JUDGMENT DATED 11.03.2019 PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN CRL.A.NO.02/2019 AND CONFIRM THE ORDER DATED 26.12.2018 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND J.M.F.C., MADDUR IN C.C.NO.708/2017 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10898 CRL.A No. 896 of 2019 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 Police report is received with regard to non-execution of NBW issued against the respondent. 2. On perusal of the order sheet, it is seen that in view of submission of learned counsel for the appellant/complainant before the Court on 03.02.2025 that the respondent is residing in the same address, this Court issued NBW. Now, the Police report is received that from the last 5 to 6 years, she is not residing in the said address and she is absconding. The Police have also made enquiry with the localites to that effect and false submission is made before the Court that she is residing in the very same address. Even the Investigating Officer sought report from the Municipality, Maddur whether any movable or immovable property stands in the name of the respondent and Chief Officer, Municipality, Maddur has furnished the information that she is not having movable or immovable properties vide letter dated 09.12.2024. Hence, the NBW was returned and inspite of the fact that this appeal was filed in - 3 - NC: 2025:KHC:10898 CRL.A No. 896 of 2019 2019, till date, notice is not served on the respondent and she is not residing in the same address. When such being the case and this appeal is filed in 2019, no ground to keep the matter alive without serving the notice and not-executing the NBW, since the respondent is not residing in the very same address and learned counsel for the appellant/complainant making false submission has obtained the NBW against the respondent and the same was not executed. Accordingly, in view of the report filed by the Police, the criminal appeal is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 19