- 1 - HC-KAR NC: 2025:KHC:35582 WP No. 22671 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22671 OF 2025 (GM-RES) BETWEEN: PUTTASWAMY. N. SON OF NANJUNDAIAH, AGED ABOUT 52 YEARS, RESIDING AT: SHAMBHAIAHNAPALYA VILLAGE, KALYA POST, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT. …PETITIONER (BY SRI. SKANDA R K RAO, ADVOCATE FOR SRI. T. N. VISWANATHA, ADVOCATE) AND: 1. THE STATE BY MAGADI POLICE STATION, MAGADI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. BYREGOWDA SON OF NARAYANA SWAMY, AGED ABOUT 48 YEARS, RESIDING AT: NO.13, 2ND CROSS, 2ND MAIN ROAD, TEACHERS COLONY, DABASPETE, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35582 WP No. 22671 of 2025 AND ALSO RESIDING AT: PARAVATHIPURA VILLAGE, NARASIPURA POST, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1; VIDE ORDER DATED 20.08.2025 NOTICE TO R2 IS DEFERRED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS, 2023 PRAYING TO CALL FOR RECORDS PERTAINING TO CRIMINAL CASE BEARING C C NO. 5329/2024 REGISTERED BY THE 1ST RESPONDENT POLICE, ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, MAGADI, RAMANAGARA VIDE ANNX-A AT PAGE NO. 9 TO 18. THIS PETITION, COMING ON FOR FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed assailing the order of dismissal of complaint filed under Section 200 of Cr.P.C. for the offence punishable under Sections 138 and 142 of N.I. Act. 2. The records clearly indicate that the complaint came to be dismissed for non-prosecution. It is also evident from the records that summons had been duly - 3 - HC-KAR NC: 2025:KHC:35582 WP No. 22671 of 2025 served upon the accused and that the accused had entered appearance and contested the proceedings. Once the accused has entered contest, the stage contemplated under sub-clause (4) of Section 204 Cr.P.C. stands concluded. In such a situation, dismissal of the complaint for non-prosecution, while the accused is found contesting the matter, assumes the character of an order of acquittal. Consequently, the petitioner/complainant cannot maintain the present petition and is required to avail the statutory remedy of appeal. 3. In view of the above discussion, upholding the office objection as to maintainability, the petition stands dismissed, reserving liberty to the petitioner to avail the remedy of appeal in accordance with law. 4. It is further directed that the period spent by the petitioner in pursuing the present proceedings shall stand excluded by extending the benefit of Section 14 of the Limitation Act, 1963, provided the appeal is filed - 4 - HC-KAR NC: 2025:KHC:35582 WP No. 22671 of 2025 within three weeks from the date of receipt of a copy of this order along with the certified copies. The Registry is directed to forthwith return all certified copies to the petitioner after retaining photocopies for record purposes. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 96