- 1 - NC: 2025:KHC:2533 CRL.P No. 5 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: C G SENEGOWDA S/O LATE BOREGOWDA AGED ABOUT 63 YEARS HEBBAL HOBLI, CHANDALU POST CHEERANALLI, K R NAGAR MYSORE 571 602. …PETITIONER (BY SRI. SAMPATH KUMAR A V.,ADVOCATE) AND: V KRISHNAPPA S/O VEEREGOWDA HALAGATTE KOPPAL SARAGUR POST, B G PURA HOBLI MALAVALLI TALUK MANDYA DISTRICT – 01. …RESPONDENT (NOTICE TO RESPONDENT IS D/W) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 08.10.2024 IN C.C NO. 54/2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT 1881 AND RESTORE THE CASE IN C.C. NO. 53/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KRISHNARAJANAGARA. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2533 CRL.P No. 5 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks quashing of the impugned order dated 08.10.2024 whereby the proceedings in C.C.No.54/2023 filed by the petitioner was dismissed for non- prosecution by the trial court. 2. For the order proposed, notice to 2nd respondent is dispensed with and a memo filed by the petitioner to that effect is taken on record. 3. Heard learned counsel for the petitioner and perused the material on record. 4. The material on record discloses that the petitioner – complainant having instituted the aforesaid proceedings in C.C.No.54/2023, the trial court issued summons to the respondent – accused who did not appear despite service of summons, as a result of which, the trial court issued NBW against the respondent. However, since the petitioner – complainant did not take steps to get the aforesaid NBW executed as against the respondent – accused, the trial court proceeded to pass the impugned order - 3 - NC: 2025:KHC:2533 CRL.P No. 5 of 2025 dismissing the case for non taking of steps, aggrieved by which, the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record including the impugned order will indicate that the trial court has adopted a hyper technical approach in failing to consider and appreciate that the absence of respondent – accused was not attributable to the petitioner and merely because the petitioner did not take steps, the same should not have been made the basis to dismiss the complaint without ensuring that the NBW issued to the respondent – accused was executed in accordance with law. Under these circumstances, by adopting a justice oriented approach, I deem it just and appropriate to set aside the impugned order and restore the C.C.No.54/2023 to the file of the trial court. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned order dated 08.10.2024 passed in C.C.No.54/2023 pending on the file of Senior Civil Judge and JMFC, Krishnarajanagara, Mysore district, is hereby set aside and the said C.C.No.54/2023 is restored to the file of the trial court. - 4 - NC: 2025:KHC:2533 CRL.P No. 5 of 2025 (iii) Petitioner – complainant is directed to appear before the trial court on 04.02.2025 without awaiting further notice, on which date, the trial court is directed to issue NBW to the respondent – accused and proceed further in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 85