- 1 - NC: 2025:KHC:4918 CRL.P No. 14487 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 14487 OF 2024 BETWEEN: SRI G P YOGESH S/O LATE PARMESH AGED ABOUT 33 YEARS R/A HALLI MYSURU VILLAGE, HLLIMYSURU HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT. SRI G P YOGESH C/O LATE PARMESHA AGED ABOUT 33 YEARS No. 40, BASAVESHWARA ROAD SOMWARAPET TALUK, SOMWARPETE, KODAGU DISTRICT - 571236 …PETITIONER (BY SRI. THEJESH N.,ADVOCATE) AND: SRI MAHESH KUMAR M H AGED ABOUT 44 YEARS S/O HALAGAPPA MADLA VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT - 571405. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH VIDE ORDER DATED 04.02.2025) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4918 CRL.P No. 14487 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 14.10.2024 PASSED BY THE COURT OF THE HONBLE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MYSURU IN CRIMINAL APPEAL NO.77/2024 VIDE ANNEXURE-C, ON ITS FILE BY RESTORING THE APPEAL FOR CONSIDERATION IN ACCORDANCE WITH LAW TO ITS ORIGINAL FILE. 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 This petition by the appellant in Criminal Appeal No.77/2024 is directed against the impugned Order dated 14.10.2024 whereby the said appeal was dismissed as not argued by III Additional District and Sessions Judge, Mysuru [for short, 'first appellate Court']. 2. For the order proposed, notice to the respondent is dispensed with. 3. A perusal of the material on record would indicate that the respondent/complainant instituted proceedings against the petitioner/accused under Section 138 of the - 3 - NC: 2025:KHC:4918 CRL.P No. 14487 of 2024 Negotiable Instruments Act, 1881 which was contested by the petitioner/accused and culminated in Judgment dated 30.01.2024 in C.C. No.10113/2021. Aggrieved by the same, the petitioner filed appeal in Criminal Appeal No.77/2024 which was dismissed as not argued by the first appellate Court vide impugned Order dated 14.10.2024 which is assailed in the present petition. 4. The learned counsel for the petitioner submits that if one more opportunity is granted by setting aside the impugned order, the petitioner would prosecute and argue the said appeal in accordance with law and as such, the impugned order may be set aside and the appeal be restored to the file of the first appellate Court. 5. Submission is placed on record. 6. In the facts and circumstances of the instant case, I deem it just and appropriate to adopt justice oriented approach and in order to provide one more opportunity to the petitioner, set aside the impugned order dated 14.10.2024 and - 4 - NC: 2025:KHC:4918 CRL.P No. 14487 of 2024 restore the Criminal Appeal No.77/2024 to the file of the first appellate Court for disposal on merits. Hence the following: ORDER [a] The petition is allowed. [b] The impugned Order dated 14.10.2024 in Criminal Appeal No.77/2024 on the file of the III Additional District and Sessions Judge, Mysuru is set aside. [c] The Criminal Appeal No.77/2024 is restored before the first appellate Court. [d] The petitioner/appellant undertakes to appear before the first appellate Court on 24.02.2025 without awaiting further notice. [e] The first appellate Court shall issue notice to the respondent and dispose of the appeal on merits in accordance with law. [f] All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE AN/-