- 1 - HC-KAR NC: 2025:KHC:44528 CRL.A No. 260 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 260 OF 2022 (A) BETWEEN: SMT. ANUSUYA P. R., D/O LATE RAMASWAMY P. S., AGED ABOUT 48 YEARS, R/AT DOOR NO. 50/2, APPAJI RAO COMPOUND, KOTE ROAD, SHIVAMOGGA – 577202. …APPELLANT (BY SRI. SACHIN B. S., ADVOCATE) AND: SMT. SMITHA P. D/O LATE PARAMESHWRAPPA AGED ABOUT 39 YEARS 3RD MAIN, 3RD CROSS, JAYANAGARA, SHIVAMOGGA-577202. …RESPONDENT (V/O DTD: 04.11.2025 – NOTICE TO RESPONDENT IS DISPENSED.) THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.10.2021 IN PCR.NO.133/2017 (C.C.NO.241/2017) ON THE FILE OF THE COURT OF THE IV ADDL.CIVIL JUDGE AND J.M.F.C., SHIVAMOGGA AND CONSEQUENTLY RESTORE THE COMPLAINT IN PCR.NO.133/2017 (C.C.NO.241/2017) ON THE FILE OF THE COURT OF IV ADDL.CIVIL JUDGE AND J.M.F.C, SHIVAMOGGA. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44528 CRL.A No. 260 of 2022 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The complaint/appellant has filed a complaint under Section 138 of NI Act. The case was registered in PCR No. 133/2017. Thereafter, the case was registered in C.C. No.2241/2017. 2. The trial Court has recorded the plea for the offences punishable under Section 138 of NI Act and the same was read over and explained to the accused. Having understood the same, the accused pleaded not guilty and claimed to be tried. That on 22.06.2019 the complainant has filed his affidavit instead of examination-in-chief. On that day Exhibits P1 to P6 were marked. Then case was posted for further chief-examination on 02.07.2019. On that day, accused was absent. Hence NBW was issued to the accused. Thereafter, case was posted to 24.09.2019. On that day, again NBW was issued to the accused and case was posted to 03.12.2019. On 03.02.2019, - 3 - HC-KAR NC: 2025:KHC:44528 CRL.A No. 260 of 2022 application was filed under Section 70(2) of Code of Criminal Procedure to recall the NBW. Same was allowed. Then case was posted to 20.01.2020. That on 20.01.2020 PW1 and accused were absent. Then case was posted to 18.02.2020. On 18.02.2020, accused and complainant remained absent. Then case was posted on 26.03.2020. On 26.03.2020, the case was not called out. On 19.10.2020 case was called out and no representation made and then case was posted for further evidence of PW1 on 29.12.2020. Thereafter, the case was adjourned from time to time till 24.03.2021. On that day, PW1 was absent and her counsel was present. Accused and their counsel present and filed an application under Section 70(2) Code of Criminal Procedure and same was allowed. NBW was recalled. Thereafter, the case was posted for further examination-in-chief of PW1, finally on 21.04.2021. Thereafter, case was adjourned from time to time due to COVID-19 pandemic. That on 27.10.2019 the - 4 - HC-KAR NC: 2025:KHC:44528 CRL.A No. 260 of 2022 trial Court has passed the impugned order, which reads as under: Case called out. PW1 and her counsel are absent. No representation made. Accused present. Heard and perused the order sheet. on perusal of the same it reveals that, matter has been pending for cross of PW-1 since from 18.08.2021 for 3 dates of hearing. Inspite of sufficient opportunity neither PW-1 nor her counsel appeared and not showed any reason for non appearance of PW-1. Therefore no grounds to adjourn the matter for another date of hearing. Hence, case is hereby dismissed for non-prosecution. 3. Learned counsel for the appellant/complainant would submit that the complainant was suffering from illness. Hence, he could not appear before the Court and same is bonafide and not an intentional one. Since COVID- 19 Pandamic was in force, this Court has issued a SOP. However, the trial Court has dismissed the case for non- prosecution, during the period of COVID-19 pandemic, - 5 - HC-KAR NC: 2025:KHC:44528 CRL.A No. 260 of 2022 which is not sustainable under law. Hence, I proceed to pass the following: ORDER i) Appeal is allowed. ii) The impugned order passed by the IV Addl. Civil Judge and JMFC, Shivamogga dated 27.10.2021 in C.C No.2241/2017, is set aside; iii) C.C No.2241/2017 shall be restored to file; iv) The complainant is directed to appear before the trial Court without seeking any further notice on 03.12.2025; v) Thereafter the trial Court shall proceed with the case in accordance with law. vi) Registry is directed to send a copy of this order to the trial Court to take necessary action. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 9