- 1 - NC: 2025:KHC:13971 CRL.A No. 1860 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.1860 OF 2024 BETWEEN: 1. MR. NITIN A.M., S/O K. MATHAI, AGED ABOUT 32 YEARS, R/AT NO.13/8, 2ND FLOOR, 6TH CROSS, SARASWATHIPURAM, BENGALURU-560 096. …APPELLANT (BY MISS. PRIYA A., ADVOCATE FOR SMT. PRIYA KOSHY, ADVOCATE) AND: 1. MR. MOHAMMED ALI MOHSIN, S/O MOHAMMED SALEHA, AGED ABOUT 30 YEARS, R/AT NO.11, ROOPERA AGRAHARA, VIRAT NAGAR MAIN ROAD, NEAR PRESIDENCY SCHOOL, BENGALURU-560 068. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH VIDE ORDER DATED 03.04.2025) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.PC PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE ORDER OF DISMISSING THE COMPLAINT FOR NON PROSECUTION DATED 12.07.2023 IN C.C.NO.29241/2022 PASSED BY THE HON’BLE XV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGLAURU AND TO RESTORE THE SAME TO ITS ORIGINAL NUMBER. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13971 CRL.A No. 1860 of 2024 THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT This matter was heard in part earlier. When the submission was made that because of the health issues of the learned counsel for the complainant before the Trial Court, she could not appear before the Trial Court, this Court directed the learned counsel for the appellant to produce the medical records of the learned counsel for the complainant. Today, the learned counsel for the appellant has produced the memo along with the member list given by the Karnataka State Bar Council, Bengaluru, that the advocate is no more. 2. Having perused the order impugned, it discloses that for a period of ten months steps was not taken even though NBW was issued against the accused/respondent and P.F. was not paid and without any other alternative, the Trial Court dismissed the complaint for non-prosecution. However, taking note of the fact that the learned counsel for the complainant before the Trial Court was suffering from health issues and passed away in August 2023 and complaint was dismissed on 12.07.2023 and also considering the submission of the learned - 3 - NC: 2025:KHC:13971 CRL.A No. 1860 of 2024 counsel for the appellant, it is appropriate to set aside the order passed by the Trial Court. The Trial Court is directed to proceed in accordance with law against the accused/respondent since already cognizance was taken and process was issued and the respondent/accused was not secured before the Trial Court. Hence, issuance of notice against the accused/respondent is dispensed with and the complainant is directed to pursue the matter diligently. 3. Accordingly, the appeal is allowed. The Trial Court is directed to consider the matter in accordance with law. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 5