- 1 - NC: 2025:KHC:8567 CRL.A No. 1634 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 1634 OF 2023 BETWEEN: HDFC BANK LIMITED HAVING ITS REGISTERED OFFICE AT HDFC BANK HOUSE, SENAPATI BAPAT MARG, LOWER PAREL (WEST) MUMBAI – 400 013. BRANCH OFFICE AT GOLDEN TOWERS 3RD FLOOR, OLD AIRPORT ROAD KODIHALLI BANGALORE – 560 017. REPRESENTED BY ITS MANAGER AND AUTHORIZED REPRESENTATIVE SRI SREENIDHI S N …APPELLANT (BY SRI SURESH V, ADVOCATE) AND: 1. MANJUSHREE TRACTORS REPRESENTED BY ITS PARTNERS SRI MURALI A AND SMT. GAYATHRI A No. 43, HERURU - BLA - 3, HERURU - 3 GANGAVATHI KOPPAL – 583 227. ALSO AT MANJUSHREE TRACTORS REPRESENTED BY ITS PARTNERS SRI MURALI A AND SMT. GAYATHRI A DOOR No. 3-9-2010, R G ROAD VIDYANAGAR, GANGAVATHI – 583 227. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8567 CRL.A No. 1634 of 2023 2. SRI MURALI A PARTNERS OF MANJUSHREE TRACTORS No. 43, HERURU - BLA -3, HERURU-3 GANGAVATHI KOPPAL – 583 227. ALSO AT 2. SRI MURALI A PARTNER OF MANJUSHREE TRACTORS DOOR No. 3-9-210, R G ROAD VIDYANAGAR, GANGAVATHI – 583 227. …RESPONDENTS (R1 AND R2 ARE SERVED AND UNPRESENTED) THIS CRL.A IS FILED UNDER SECTION 378(4) OF Cr.P.C. PRAYING TO SET ASIDE THE ORDER OF DISMISSAL DATED 27.04.2023 IN C.C.No.26857/2018 ON THE FILE OF XXVI ADDL.C.M.M., BENGALURU AND ALLOW THIS CRL.A. AND PERMIT THE APPELLANT TO TAKE NECESSARY STEPS AGAINST THE RESPONDENT AND ETC., THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the complainant praying to set aside the order dated 27.04.2023 passed in C.C. No. 26857/2018 by the XXVI ACMM, Bengaluru whereunder the complaint of the appellant – complainant has been dismissed for default. - 3 - NC: 2025:KHC:8567 CRL.A No. 1634 of 2023 2. Heard learned counsel for appellant. Inspite of service of notice respondents remained absent and unrepresented. 3. Appellant – Bank has initiated proceedings against the respondents – accused Nos. 1 and 2 for offence under Section 138 of Negotiable Instruments Act (hereinafter for the sake of brevity referred to as the `N.I. Act’) and it was pending in C.C. No. 26857/2018 on the file of XXVI ACMM, Bengaluru. Said complaint of the appellant came to be dismissed for default by order dated 27.04.2023. Said order has been challenged in this appeal by the complainant. 4. Learned counsel for appellant would contend that after service of summons the accused remained absent and Court has issued NBWs. The complainant has furnished process fee and NBWs have been issued several times and they have returned un-executed. Learned counsel further submits that on 27.04.2023 the complainant and his counsel were present and they prayed time. Learned Magistrate, noting that no proper steps - 4 - NC: 2025:KHC:8567 CRL.A No. 1634 of 2023 were taken to execute warrant by providing proper address of the accused, dismissed the complaint for default. There was no fault of the complainant as they have furnished the correct address of the accused. With this, he prayed to allow the appeal and restore the criminal case. 5. Having heard learned counsel for the appellant this Court has perused the impugned order and other material placed on record. 6. The respondents, on service of summons, have remained absent. The trial Court has issued NBWs against the respondents. The appellant – complainant has paid process fee for issuance of NBWs against the respondents. NBWs issued against the respondents have returned un- executed. On the date of impugned order the complainant and his counsel were present and the learned Magistrate, noting that proper address of the accused has not been furnished, dismissed the complaint for default. On perusal of the order sheet it is seen that the complainant has paid the process fee from time to time for issuance of NBWs - 5 - NC: 2025:KHC:8567 CRL.A No. 1634 of 2023 and NBWs issued have been returned un-executed. The impugned order has been passed dismissing the complaint on the ground that the complainant has not furnished proper address of the accused. Notices issued in this appeal, to the same address of the accused, have been served on the respondents who were accused before the trial Court and that itself indicates that the accused persons are residing in the same address which has been furnished by the complainant in the trial Court. Therefore, learned Magistrate has erred in passing the impugned order. The appellant – complainant has made out grounds for setting aside the impugned order and restoring the criminal case. 7. In the result, the following; O R D E R i. The appeal is allowed. ii. The impugned order dated 27.04.2023 passed in C.C.No. 26857/2018 by the XXVI ACMM, Bengaluru is set aside. iii. C.C. No. 26857/2018 is ordered to be restored. - 6 - NC: 2025:KHC:8567 CRL.A No. 1634 of 2023 iv. Appellant is directed to appear before the trial Court on 28.03.2025 without anticipating any Court notice. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 48