- 1 - NC: 2025:KHC:7123 CRL.P No. 13057 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13057 OF 2024 BETWEEN: SMT. JYOTHI AGED ABOUT 35 YEARS, W/O. PRADEEP, EMPLOYEE IN VIDYANAGARA CANARA BANK, SHIVAMOGGA CITY-577 203.. RESIDENT OF 'PRADEEP NILAYA', BESIDES DAVANGERE CANTIN ROAD, KASHIPURA, SHIMOGA CITY-577 204. …PETITIONER (BY SRI. RAJ KUMAR V.C, ADVOCATE) AND: SRI. KUMARA SWAMY M AGED ABOUT 56 YEARS, S/O. LATE SRI. MALLAPPA, AGRICULTURIST, R/O. BEHIND YAMAHA SHOWROOM, NEW BRIDGE ROAD, BHADRAVATHI-577 301. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 24.01.2024 IN ANNEXURE-B AND THEREBY PLEASED TO RESTORE AND REOPEN THE CASE IN C.C.NO.4120/2022 ON THE FILE OF THE LEARNED II Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7123 CRL.P No. 13057 of 2024 ADDL.CIVIL JUDGE AND J.M.F.C BHADRAVATHI FOR TRIAL ON MERITS. THIS PETITION, COMING ON FOR ADMISSON, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "1. Set aside the Order dated 24.01.2024 in ANNEXURE-B and thereby pleased to restore and reopen the case in C.C.No.4120/2022 on the file of the Learned II Addl. Civil Judge and JMFC, Bhadravathi for trial on merits, in the interest of justice. 2. Pass any other order or issue any other direction as this Hon'ble Court deems fit, in the facts and circumstances of the case, in the interest of justice." 2. Heard the learned counsel for the petitioner and perused the material on record. 3. Respondent, having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. - 3 - NC: 2025:KHC:7123 CRL.P No. 13057 of 2024 4. Learned counsel for the petitioner submits that though several contentions have been urged by him in the present petition, the present petition may be disposed of setting aside the order dated 02.08.2024 attaching the salary of the petitioner and directing the Executing Court to provide an opportunity to the petitioner and dispose of the petition in accordance with law. Submission is placed on record. 5. When the matter came up before this Court on 08.01.2025, the following interim order was passed: "Heard. Issue emergent notice to the respondent returnable by 29.01.2025. In the meanwhile, there shall be an interim order of stay as prayed for in I.A.No.1/2024 till the next date of hearing, subject to the petitioner depositing Rs.5 Lakhs before this Court on or before 28.01.2025. Liberty is reserved in favour of respondent to seek vacation / modification of this order." 6. Subsequently, on 29.01.2025, the following interim order was passed: "In compliance of the order dated 08.01.2025, learned counsel for the petitioner has filed a memo - 4 - NC: 2025:KHC:7123 CRL.P No. 13057 of 2024 along with copy of the Demand draft for having deposited Rs.5 lakhs before this Court. The said memo along with documents are taken on record. Office to verify. Re-list on 12.02.2025. Interim order granted earlier is extended till the next date of hearing." 7. However, subsequently respondent, having been served with notice of the petition, has not contested the petition. 8. In view of the aforesaid facts and circumstances of the case and the deposit of Rs.5 lakhs by the petitioner as directed by this Court, I deem it just and appropriate to set aside the aforesaid order dated 02.08.2024 attaching the salary of the petitioner and permit the petitioner to appear before the Executing Court to urge all his contentions, by issuing certain directions. 9. In the result, the following: ORDER i) Petition is hereby disposed of. - 5 - NC: 2025:KHC:7123 CRL.P No. 13057 of 2024 ii) The order dated 02.08.2024 passed by the Executing Court in Ex.No.131/2024 on the file of the II Addl. Civil Judge and JMFC, Bhadravathi, Shivamogga is hereby set aside. iii) The matter is remitted back to the Executing Court to provide an opportunity to the petitioner and consider his contentions as well as contentions of the respondent and to proceed further in accordance with law. iv) Registry of this Court is directed to transmit/transfer a sum of Rs.5 lakhs deposited by the petitioner before this Court to the file of the Executing Court in Ex.No.131/2024. v) All rival contentions kept open and no opinion is expressed on the same. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 23