- 1 - NC: 2025:KHC:6572 CRL.A No. 647 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO. 647 OF 2015 BETWEEN: SRI. D.R. KRISHNAMURTHY S/O LATE D.H.RAMAKRISHNA, AGED ABOUT 54 YEARS, PRESENTLY RESIDING AT K.GOLLAHALLI, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 060. …APPELLANT (BY SRI. CHANDRA SHEKAR S R., ADVOCATE) AND: SRI. K.R. RAMAIAH S/O N.RUDRAPPA, AGED ABOUT 53 YEARS, RESIDING AT KOLUR VILLAGE, RAMOHALLI POST, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 060. …RESPONDENT (RESPODNENT IS SERVED AND UNREPRESENTED -ABSENT THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:25.2.2015, PASSED BY THE XXII ACMM, BANGALORE, IN C.C.NO.31302/2009 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6572 CRL.A No. 647 of 2015 ORAL JUDGMENT This appeal is filed by the complainant praying to set aside the order dated 25.02.2015 passed in C.C.No.31302/2009 by the XXX Additional Chief Metropoliton Magistrate, Bengaluru and restore the C.C.No.31302/2009. 2. Heard learned counsel for the appellant. Inspite of service of notice, the respondent has remained absent and unrepresented. 3. The appellant –complainant has initiated proceedings against the respondent –accused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I Act” for brevity) and it was pending in C.C. No.31302/2009. On service of summons accused appeared though counsel and filed application under Section 205 of Cr.P.C. On the next date of hearing i.e. 23.07.2014, the accused was absent and the Court has ordered issuance of NBW against the respondent –accused. The complainant from time to - 3 - NC: 2025:KHC:6572 CRL.A No. 647 of 2015 time has paid process fee and NBW has been issued against the respondent –accused. On 20.02.2015, the case has been posted for awaiting NBW issued against the respondent –accused. On that day, the impugned order has been passed dismissing the complaint for not taking proper steps. The said order has been challenged in this appeal. 4. On perusal of the order sheet it is clear that the complainant has paid process fee for issuance of NBW against the respondent –accused. The case came to be dismissed on 25.02.2015 for not taking effective steps. There was no fault on the part of the appellant – complainant as he had paid process fee for issuance of NBW against the respondent –accused. 5. The NBW issued against the respondent – accused has not been executed by the concerned Police. In para 10(f) of the appeal memo it is stated that the complainant was not keeping well as he was under medial treatment and it was intimated to the Court by the counsel - 4 - NC: 2025:KHC:6572 CRL.A No. 647 of 2015 for the appellant –complainant on 25.02.2015. Considering the above aspects, the appellant –complainant has made out case for setting aside the impugned order dated 25.02.2015 and for restoration of C.C.No.31302/2009. 6. In the result, the following ORDER i) The appeal is allowed. ii) The impugned order dated 25.02.2015 passed in C.C.No.31302/2009 by the XXX Additional Chief Metropoliton Magistrate, Bengaluru is set aside. iii) C.C. No.31302/2009 is ordered to be restored. iv) Registry is directed to send back trial Court records with copy of this Order to the concerned trial Court forthwith. v) The appellant –complainant is directed to appear before the trial Court on 17.03.2025. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 54