- 1 - HC-KAR NC: 2025:KHC:54790 CRL.P No. 17543 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 17543 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI MANJUNATH S S/O LATE SHAMRAJ, AGED ABOUT 45 YEARS, R/AT NO.F-10, DOLLOR HEIGHTS APTS, 12TH MAIN, NEAR CM NATIONAL SCHOOL, MUTHYALAMMA NAGARA, BANGALORE - 560 054. …PETITIONER (BY SRI. SOMASHEKAR N.,ADVOCATE) AND: SMT SHAHEENTAJ W/O ABDUL REHAMAN, AGED ABOUT 32 YEARS R/AT NO.1484, 1ST MAIN, 4TH CROSS, BHUVANESHWARINAGARA, KAMALANAGARA, BANGALORE NORTH, BANGALORE - 560 079. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.01.2025 DISMISSING THE COMPLAINT FOR DEFAULT/NON- PROSECUTION AND FOR NOT TAKING STEPS IN CC Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54790 CRL.P No. 17543 of 2025 NO.8312/2022 ARISING OUT OF PCR NO.3805/2022 ON THE FILE OF THE XII ADDL.CJM, BANGALORE., AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER The complainant - petitioner has preferred this petition against the impugned order dated 20.01.2025 passed by XII ACJM, Bengaluru, in C.C.No.8312/2022. 2. The petitioner - complainant has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 and same was registered in PCR.No.3805/2022. After taking cognizance, same was registered in C.C.No.8312/2022. After registration of case, the Trial Court has issued summons to the accused through RPAD, and summons was duly served. However, the accused remained absent. Hence, the Trial Court has issued NBW against accused, PF was paid and after issuing NBW, the same was not returned by the concerned Police. - 3 - HC-KAR NC: 2025:KHC:54790 CRL.P No. 17543 of 2025 However, the Trial Court has re-issued the NBW to the accused and passed the following order :- "Complainant is absent. No representation. Case once again called at 1.45 p.m., no representation. Case once again called at 5-00 p.m., no representation. From the order sheet it goes to show that, inspite of giving sufficient opportunity till date there is no representation for the complainant to secure the accused. It appears that, the complainant is not interested in proceeding with this case. Hence, complaint is dismissed for non-prosecution." 3. Once the NBW is issued by the Trial Court, it is the duty of the Trial Court to ensure whether the NBW is executed or not. In the case on hand, without application of mind, the Trial Court has mechanically passed this order, which is illegal and not-sustainable under law. Hence, I proceed to pass the following - ORDER i. The Petition is allowed. - 4 - HC-KAR NC: 2025:KHC:54790 CRL.P No. 17543 of 2025 ii. The order dated 20.01.2025 passed by XII ACJM, Bengaluru, in C.C.No.8312/2022, is set aside and C.C.No.8312/2022 shall be restored to file. iii. The complainant - petitioner is directed to appear before the Trial Court on 28.01.2026, without seeking any further notice. iv. The Trial Court is directed to secure the accused by issuing NBW through concerned Police, and after securing the presence of accused, the Trial Court shall dispose of the case in accordance with law. v. Registry is directed to send a copy of the order to the Trial Court for taking necessary steps. SD/- (G BASAVARAJA) JUDGE HNM List No.: 1 Sl No.: 94