- 1 - HC-KAR NC: 2025:KHC:21469 CRL.A No. 1885 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1885 OF 2023 (A) BETWEEN: MRS. VIJAYALAKSHMI SHAMANNA BELUR AGED ABOUT 69 YEARS, W/O H SUBRAMANYA JOIS, R/O NO. 36, SHANKARA PARK, SHANKARAPURAM BASAVANAGUDI BANGALORE 560 004 …APPELLANT (BY SRI. KRISHNA S VYAS., ADVOCATE) AND: MR.N LAKSHMI NARAYANA AGED ABOUT 44 YEARS, S/O LATE N NARAYANAPPA R/O PLOT NO. 1, 4TH BLOCK, BHAVANI HBCS, KHATTARAGUPPE, BSK III STAGE, KATTARGUPPE, BANGALORE 560041 …RESPONDENT (By SRI K.S. VENKATARAMANA, ADVOCATE) THIS CRL.A IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER VIDE ANNEXURE-A DATED 27.09.2022, PASSED BY THE LEARNED XVI ADDL.METROPOLITAN MAGISTRATE AT BENGALURU IN C.C.NO.22957/2019. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21469 CRL.A No. 1885 of 2023 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORAL JUDGMENT 1. This appeal is filed by the complainant, being aggrieved by the order dated 27.09.2022 passed in C.C. No.22957/2019 on the file of XVI Additional Chief Metropolitan Magistrate at Bengaluru. 2. Heard Sri Krishna S. Vyas, learned counsel for the appellant and Sri K.S. Venkataramana, learned counsel for the respondent. 3. It is the submission of the learned counsel for the appellant that, though the case has been filed in the year 2019, the Trial Court dismissed the case for non- prosecution for the reason that the complainant/appellant herein had not taken any steps to issue NBW against the accused on two occasions i.e., on 28.04.2022 and 10.07.2022. 4. It is further submitted that the appellant herein is seeking one more opportunity to proceed with the case and also undertaken that he would proceed with the case regularly without any adjournments. - 3 - HC-KAR NC: 2025:KHC:21469 CRL.A No. 1885 of 2023 5. Per contra, learned counsel for the respondent vehemently justified the order of the Trial Court and submits that in spite of sufficient opportunity having been given, the complainant remained absent and failed to take steps to issue NBW against the accused. Making such submissions, learned counsel for the respondent prays to dismiss the appeal. 6. Having heard the learned counsel for the parties and also perused the order sheet of the Trial Court, though it appears that prima facie the appellant had committed an error in not proceeding with the case regularly, the fact remains that, he is having a good case on merit. If one more opportunity is given, that would be sufficient for him to be vigilant henceforth. Therefore, it is appropriate at this stage to set aside the order of the Trial Court, by giving an opportunity to the appellant to proceed with the case. 7. In the light of the observations made above, I proceed to pass the following:- - 4 - HC-KAR NC: 2025:KHC:21469 CRL.A No. 1885 of 2023 ORDER i) The Criminal Appeal is allowed with costs. ii) The order dated 27.09.2022 passed in C.C. No.22957/2019 on the file of XVI Additional Chief Metropolitan Magistrate at Bengaluru, is set aside. iii) The Trial Court is directed to restore the file and place before the appropriate Court to consider the case from the stage where it has been disposed of. iv) The appellant is directed to pay Rs.5,000/- (Rupees Five Thousand only), payable to the Karnataka State Legal Services Authority as cost and produce the acknowledgment before the Jurisdictional Magistrate and proceed further with the case. In view of disposal of the appeal, pending applications do not survive for consideration and the same are also disposed of. Sd/- (S RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 51