- 1 - NC: 2025:KHC:4371 CRL.P No. 11598 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 11598 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: M/S RINSE TOP TEX PRIVATE LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT HAVING ITS OFFICE AT NO.A 418 (A), 9TH MAIN, 14TH CROSS, PEENYA 2ND STAGE BENGALURU-560058 REPRESENTED BY ITS DIRECTOR SRI. VICKY LAKHANI …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: 1. SRI SAI CREATIONS A PROPERTY CONCERN NO.10, KUDUREGERE MAIN ROAD, ANBJANAPPA CIRCLE, NEAR GOMBE MANE, NAGASANDRA POST, THOTADA GUDDADAHALLI, BENGALURU-560073 REPRESENTED BY ITS PROPRIETOR PRAKASH A.B. 2. PRAKASH A.B S/O BASAVARAJAPPA PROPRIETOR, SRI SAI CREATIONS NO.10, KUDUREGERE MAIN ROAD, ANBJANAPPA CIRCLE, Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:4371 CRL.P No. 11598 of 2024 NEAR GOMBE MANE, NAGASANDRA POST, THOTADA GUDDADAHALLI, BENGALURU-560073 …RESPONDENTS (VIDE ORDER DATED 25.01.2025, SERVICE OF NOTICE RESPONDENTS IS DISPENSED WITH) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER OF DISMISSAL DATED 22.07.2024 PASSED BY THE 38TH ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN C.C.NO.15846/2024 (PCR NO.6578/2024) ANNEXURE-A, AND RESTORE THE CASE, DIRECT THE TRIAL COURT TO PROCEED WITH THE CASE AS PER LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: "i. Set aside the order of dismissal dated 22/07/2024 passed by the 38th Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.15846/2024 (PCR No.6578/2024) Annexure - A, and restore the case, direct the Trial Court to proceed with the case as per law and; - 3 - NC: 2025:KHC:4371 CRL.P No. 11598 of 2024 ii. Pass appropriate orders under the circumstances of the case in the interest of justice and equity." 2. Heard the learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed. 3. A perusal of material on record will indicate that the petitioner instituted proceedings in PCR No.6578/2024 against the respondents which was numbered as C.C.No.15846/2024. Since the petitioner/complainant did not take steps for service of notice to the respondents/accused, the Trial Court proceeded to pass the impugned order dated 22.07.2024 dismissing the case for non-prosecution. Aggrieved by which, the petitioner is before this Court by way of the present petition. 4. A perusal of the material will indicate that in the light of specific assertions on the part of the petitioner that he could not be present along with his counsel on 22.07.2024, nor pay the necessary process fee is due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order dated 22.07.2024 and restore the - 4 - NC: 2025:KHC:4371 CRL.P No. 11598 of 2024 case back on the file of the Trial Court for disposal in accordance with law. 5. In the result, the following: ORDER (i) The petition is allowed. The impugned order dated 22.07.2024 is set aside. (ii) The proceedings in C.C. No.15846/2024 is restored to the file of Trial Court. (iii) The petitioner undertakes to appear before the Trial Court on 17.02.2025 and pay the necessary process fee, charges etc., for issuance of notice to the respondents on 17.02.2025 without seeking any adjournment under any circumstances whatsoever. Sd/- (S.R.KRISHNA KUMAR) JUDGE HJ List No.: 1 Sl No.: 56