- 1 - HC-KAR NC: 2025:KHC:33362 CRL.P No. 9707 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 9707 OF 2025 BETWEEN: 1. MR. SANTHOSH .S S/O SHRAVAN KUMAR AGED ABOUT 33 YEARS OCC: PRIVATE EMPLOYEE R/AT MAHADESHWARA NAGARA MAIN ROAD MARUTHI NAGAR, BANGALORE-560091. …PETITIONER (BY SRI. SATHISHA .D.J, ADVOCATE) AND: 1. MR. RAKESH KUMAR PRABHAKAR @ RAKESH S/O PRABHUNATH PRABHAKAR AGED ABOUT 34 YEARS OCC: PRIVATE BUSINESS R/O AT GANDHI CHOWK KHUTAUNA, MADHUBANI DISTRICT BIHAR STATE-847227. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.10.2024 PASSED BY THE XXII ACMM, BANGALORE DISMISSING THE COMPLAINT AS FILED BY THE PETITIONER AGAINST THE RESPONDENT/ACCUSED U/S 138 OF NI ACT, IN PCR NO.15388/2021 AND C.C.NO.30590/2021 WHICH IS MARKED IN ANNEXURE-B AND RESTORE THE SAID COMPLAINT. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33362 CRL.P No. 9707 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Office has raised objection in regard to maintainability of petition under Section 482 Cr.P.C. 2. Perusal of the records, it is noticed that a private complaint filed for the offence punishable under Section 138 of N.I. Act is dismissed for non-prosecution. Two coordinate Benches have held that if a complaint is dismissed for non- prosecution, the aggrieved party has a remedy by way of an appeal. Therefore, this 482 petition is not maintainable. 3. Accordingly, petition is dismissed reserving liberty to the petitioner to avail remedy of an appeal. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 33