- 1 - NC: 2025:KHC:4770 CRL.P No. 12300 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12300 OF 2023 BETWEEN: PARTHA SARATHI H.V., S/O VENKATESHAPPA, AGED ABOUT 40 YEARS, RESIDENT OF 118, 2ND E CROSS, 2ND STREET, 3RD BLOCK, NAGARBHAVI 2ND STAGE, BENGALURU - 560 072. …PETITIONER (BY SRI. CHETHAN B, ADVOCATE) AND: SRIDHAR S ALIS GANESH MAJOR, TEJASWI ENTERPRISES NO. 45, RTO SHOPPING COMPLEX, RAJAJINGAR - 560 010. …RESPONDENT (RESPONDENT SERVED BUT UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 27.07.2023 AND RESTORE C.C.NO.14930/2020 (PCR NO.11128/2020) ON THE FILE OF THE HONBLE XIX ACMM AT BANGALORE IN THE PROCEEDINGS INITIATED U/S 138 OF N.I. ACT AND PASS SUCH OTHER ORDERS AS THIS HONBLE COURT MAY DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4770 CRL.P No. 12300 of 2023 ORAL ORDER This petition by the complainant in C.C.No.14930/2020 directed against the impugned order dated 27.07.2023 passed by the XIX ACMM, Bengaluru whereby the said complaint filed by the petitioner-complainant under Section 138 of Negotiable Instrument Act, (for short 'N.I.Act') was dismissed for non- prosecution by the trial Court. 2. Heard the learned counsel for the petitioner and perused the materials on record. 3. Respondent having been served with notice of the petition has chosen to remain unrepresented and has not contested the petition. 4. Perusal of the impugned order would indicate that in the aforesaid complaint filed by the petitioner, petitioner examined himself as P.W.1 and at the stage of his cross- examination trial Court proceeded to pass the impugned order dismissing the petition for non-prosecution, aggrieved by which, petitioner is before this Court by way of the present petition. - 3 - NC: 2025:KHC:4770 CRL.P No. 12300 of 2023 5. As stated supra, respondent having been served with notice of petition has not contested the petition. 6. Under these circumstances, I deem it just and appropriate to adopt justice oriented approach in order to provide one more opportunity to the petitioner by setting aside the impugned order dated 27.07.2023 and restore C.C.No.14930/2020 and direct the trial Court to dispose of the proceedings in accordance with law as expeditiously as possible. 7. Accordingly, I pass the following: ORDER i. Petition is hereby allowed. ii. Impugned order dated 27.07.2023 is hereby set aside and C.C.No.14930/2020 is restored to the file of the trial Court. iii. Petitioner undertakes to appear before the trial Court on 18.02.2025 without awaiting further notice from the trial Court. iv. On the said date i.e., on 18.02.2025, trial Court shall issue notice to the respondent-accused - 4 - NC: 2025:KHC:4770 CRL.P No. 12300 of 2023 and proceed further and dispose of the proceedings as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE GPG List No.: 1 Sl No.: 1 CT: BHK