- 1 - NC: 2025:KHC:4855 CRL.P No. 14262 of 2024 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. 14262 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI BALAJI TIMBERS AND PLY NO 109/110 TEACHERS COLONY BIDARAHALLI RAMPURA MAIN ROAD VIRGONARAR POST BEGNALURU 560049 REP BY ITS AUTHORIZED REPRESENTATIVE MR MUKESH G. PATEL …PETITIONER (BY SRI. MADESH V M., ADVOCATE) AND: LALGARHIA TIMBERS AND PLYWOOD PVT LTD SURVEY NO 40, HESARGHATTA MAIN ROAD, POST NAGASANDRA, NEAR PATIDAR SAMAJ BHVAN BENGALURU 560049 REP BY ITS PROPRIETOR SRI PRAKASH BAID …RESPONDENT (NOTICE TO RESPONDENT IS D/W V/O DATED 03.02.2025) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED 07.10.2024, DISMISSING THE APPEAL FOR DEFAULT FILED BY THE PETITIONER BEFORE THE HONBLE LXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-64) IN CRL. APPEAL NO. 1116/2021 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4855 CRL.P No. 14262 of 2024 TO RESTORE AND PERMIT THE PETITIONER TO CONTEST THE APPEAL. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the accused in Crl.A.No.1116/2021 is directed against the impugned order dated 07.10.2024 whereby, the learned LXIII ACC and SJ [for short, 'the Sessions Court'] dismissed the said appeal filed by the petitioner. 2. Heard learned counsels for the parties and perused the material on record. For the order proposed, notice to the respondent is dispensed with. 3. A perusal of the material on record will indicate that the respondent - complainant instituted proceedings in C.C.No.8596/2018 against the petitioner - accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, which was allowed by the learned Magistrate Court vide order dated 10.12.2021. Aggrieved by the same, the petitioner filed an appeal in Crl.A.No.1116/2021 in which the respondent has not appeared so far. On 07.10.2024, the Sessions Court dismissed the - 3 - NC: 2025:KHC:4855 CRL.P No. 14262 of 2024 appeal for non-prosecution by passing the impugned order, which is assailed in the present petition. 4. A careful consideration of the material on record, including the impugned order will indicate that the Sessions Court has dismissed the appeal on the ground that the petitioner has not taken proper steps to serve notice on the respondent. However, in the light of the submission made on behalf of the petitioner that he would take necessary steps for issuance of notice to the respondent on the next date of hearing if the appeal is restored to the file of the Session Court by setting aside the impugned order, I deem it just and appropriate to adopt the justice orientated approach and set aside the impugned order dated 07.10.2024 and restore Crl.A.No.1116/2021 to the file of the Session Court by issuing certain directions. 5. Hence, the following: ORDER a. The petition is hereby allowed. b. The impugned order dated 07.10.2024 in Crl.A.No.1116/2024 on the file of the learned LXIII ACC and SJ is set aside and the appeal is restored to its file. - 4 - NC: 2025:KHC:4855 CRL.P No. 14262 of 2024 c. The petitioner is directed to appear before the Sessions Court on 17.02.2025. d. It is made clear that on that day, the petitioner shall take necessary steps for service of notice to the respondent and the Sessions Court shall proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB