- 1 - HC-KAR NC: 2025:KHC:42466 CRL.P No. 14049 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14049 OF 2025 BETWEEN: KIRANA B S/O BASAVARAJA, AGED ABOUT 30 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O HARIHARAPURA, AMBLIGOLA SHIVAMOGGA - 577 214 NOW RESIDING AT C/O RAJESH P. SHARAVATHINAGARA, 4TH CROSS, SHIVAMOGGA - 577 201 …PETITIONER (BY SRI. RAVINDRA B. DESHPANDE, ADVOCATE) AND: SRI HARISH B H S/O HANUMANTHAPPA, AGED ABOUT 40 YEARS, SDA IN GOVT PU COLLEGE, R/O BEVINA HALLI, BANAVARA, ARASIKERE, HASSAN - 573 112. WORKING PLACE AT SDA CLERK IN GOVT. P. U. COLLEGE, TUNGA COLLEGE, THIRTHAHALLI SHIVAMOGGA TALUKA - 577 432 …RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42466 CRL.P No. 14049 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C. (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ORDER DATED 25.04.2025 PASSED BY THE HONBLE JMFC- III COURT, SHIVAMOGGA IN C.C.NO.1130/2022 AND RESTORE CC NO.1130/2022 ON ITS ORIGINAL FILE I.E., ON THE FILE OF THE JMFC-III SHIVAMOGGA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The order dated 25.04.2025 passed by the learned Magistrate dismissing the complaint for default is assailed in this petition. 2. Petitioner is the complainant before the Trial Court. Complaint is filed against respondent alleging an offence punishable under Section 138 of the NI Act. 3. Order sheet of the Trial Court goes to show that the accused who initially appeared before the Trial Court on receiving summons, later remained absent and - 3 - HC-KAR NC: 2025:KHC:42466 CRL.P No. 14049 of 2025 therefore, NBW was issued and the same was recalled on the application filed by the accused. 4. Learned Magistrate has dismissed the complaint for default since the complainant and his counsel remained absent. 5. In the impugned order it is observed that the complainant has neither made endeavour to take steps nor represented through his counsel and therefore, he is not interested in prosecuting the case. 6. The complaint is filed on 07.05.2022. The cheque amount involved is Rs.1,95,000/-. The case was pending before the trial Court for complainant's evidence. It is submitted by the learned counsel that henceforth, the complainant will appear before the trial Court regularly and therefore, he may be given an opportunity to prosecute the complaint. 7. Considering the facts and circumstances of the case and to meet the ends of justice, an opportunity can - 4 - HC-KAR NC: 2025:KHC:42466 CRL.P No. 14049 of 2025 be given to the complainant to prosecute the complaint before the trial Court. Hence, the following:- ORDER i) Petition is allowed. ii) Order dated 25.04.2025 passed by learned JMFC-III, Shivamogga in C.C.No.1130/2022 dismissing the complaint for default is hereby set aside. iii) The complaint shall be restored to its original file and the learned Magistrate shall proceed further in accordance with law. iv) Petitioner / complainant shall appear before the trial court, without any further notice on or before 10.11.2025 and on all further dates of hearing. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:CT-SG List No.: 1 Sl No.: 44