- 1 - NC: 2025:KHC:13248 CRL.A No. 137 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.P.SANDESH CRIMINAL APPEAL NO. 137 OF 2025 BETWEEN: 1. LATE SRI. SUSHIL KUMAR S/O LATE BA. SUVARNA AGED ABOUT 57 YEARS R/AT ITHAPPA COMPOUND K.S. RAO ROAD, HAMPANKATTA MAGNALORE-575 001. SINCE DEAD REPRESENTED BY HIS LEGAL REPRESENTATIVES MR. PRITAM KUMAR S, AGED ABOUT 65 YEARS S/O LATE B. SUVARNA R/AT D.NO.2-23/31, FALT NO.205 SHANTLA SRI RAM APARMTENTS KADRI, BAREBAIL ROAD MANGALORE-575 004. 2. MR. RAMESH ANAND S., AGED ABOUT 63 YEARS S/O LATE B. SUVARNA R/AT D.NO.17-18-1374/3 FLAST NO.23, VALERIE MANOR BRITTO LANE NEAR FALNIR POST OFFICE, FALNIR MANGALORE-575 001. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13248 CRL.A No. 137 of 2025 3. MRS. REKHA PRAKASH KUMAR AGED ABOUT 65 YEARS S/O LATE CHANDRAYYA NAYAK D.NO.1-24-1954/1 PRAKRATHI NIVAS, URWA MANGALURU-575 006. …APPELLANTS (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE) AND: 1. MR. MAHENDRA KUMAR S/O NARAYANA SUVARNA AGED ABOUT 50 YEARS D.NO.7-5-617-1, BOLOUR MANGALURU-575 003. …RESPONDENT (RESPONDENT SERVED, UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.PC (FILED U/S 419(4) BNSS) PRAYING TO SET ASIDE THE ORDER DATED 07.10.2024 PASSED IN C.C.NO.693/2023 BY THE HON’BLE J.M.F.C (IV COURT) MANGALURU D.K, FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND CONSEQUENTLY RESTORE THE COMPLAINT TO ITS ORIGINAL STATUS THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:13248 CRL.A No. 137 of 2025 CORAM: HON'BLE MR JUSTICE H.P.SANDESH ORAL JUDGMENT 1. Heard the appellants’ counsel. This Court issued the notice against the respondent. The respondent served and unrepresented. 2. The counsel appearing for the appellant would contend that in C.C.No.693/2023 evidence of complainant was recorded and when the case was set-down for 313 statement, the accused was absconded and hence, case was posted for taking steps. In the meanwhile, the complainant passed away on 08.04.2024, but NBW was issued on 30.03.2024 and subsequently, steps was not taken and reason for not taking steps is that legal heirs of complainant was not aware of the same and when he came to know about the dismissal, the present appeal is filed. 3. Having taken note of the grounds urged in the appeal as well as on perusal of entire order sheet it - 4 - NC: 2025:KHC:13248 CRL.A No. 137 of 2025 discloses that the Trial Court recorded the statement of complainant and thereafter the case was posted for 313 statement and accused was absent and hence, NBW was issued and subsequently, EP was filed and EP was rejected vide order dated 18.03.2024 and issued NBW and NBW was not executed and thereafter posted for the case for taking steps to execute the warrant and in view of death of complainant, the case could not be proceeded and having taken note of the reasons assigned in the appeal as well as inspite of respondent served with notice, did not chose to appear and contest the matter. 4. Having taken note of the factual aspects that the complainant passed away in the month of April and could not take steps and legal representatives also not filed any application before the Trial Court to come on record and when they came to know about the dismissal only, the present appeal is filed by the legal heirs of the complainant. It is appropriate to set-aside the order and direct the Trial Court to proceed in accordance with law if - 5 - NC: 2025:KHC:13248 CRL.A No. 137 of 2025 applications are filed before the Trial Court by the legal heirs. 5. In view of the discussions made above, I pass the following: ORDER i) The Criminal Appeal is allowed. ii) The date is fixed for appearance before the Trial Court on 28.04.2025 without expecting any notice. Sd/- (H.P.SANDESH) JUDGE RHS List No.: 1 Sl No.: 29