- 1 - HC-KAR NC: 2025:KHC:43014 CRL.A No. 254 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 254 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI SREEDHAR A M S/O SRI CHANNABASAVA SASTRY, AGED ABOUT 37 YEARS, NO 301, 3RD FLOOR, SOHAN RNR ICON APARTMENT FERNS CITY, DODDANEKUNDI, BENGALURU - 560 037. …APPELLANT (BY SRI. DR M SUNIL SASTRY.,ADVOCATE) AND: 1. SRI SRIDHAR R S/O SRI N RAMACHANDRA AGED ABOUT 49 YEARS, R/A ASHWARA ARCHADE NO 10/3-1, 3RD FLOOR, BANASWADI MAIN ROAD, JAI BHARATH NAGARA, BENGALURU - 560 033. …RESPONDENT NOTICE TO RESPONDENT IS DISPENSED WITH. THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER/JUDGMENT IN C.C.NO.21779/2023 PASSED BY III ADDL. CHIEF Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43014 CRL.A No. 254 of 2025 METROPOLITAN MAGISTRATE, BANGALORE DATED 07.08.2024 AND REMAND THE PROCEEDINGS BACK TO THE TRIAL COURT i.e. III ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE AND PERMIT THE APPELLANT TO CONTEST THE CASE AND PROSECUTE AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the order passed by the trial Court. As the trial Court has dismissed the complaint for non-prosecution. Hence, the notice to respondent is dispensed with. 2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court. 3. Brief facts leading to this appeal are that the complainant has filed a private complaint under Section 200 of Cr.P.C for the commission of the offences punishable under Section 405, 406, 415 and 420 of Indian Penal Code against the accused. The case was registered - 3 - HC-KAR NC: 2025:KHC:43014 CRL.A No. 254 of 2025 in PCR No.8822/2020. As per the order dated 26.07.2021 The trial Court has taken cognizance against the accused for the commission of offences under Section 406, 415 and 420 of Indian Penal Code. Thereafter, the case was registered on 21.08.2023 in C.C No.21779/2023 and thereafter, summons was issued to the accused. The same was not returned. The Court has passed an order to reissue the summons to the accused as per the order dated 06.04.2024. On that day also Court has passed an order to re-issue summons to the accused if, PF paid, on 18.07.2024. On 18.07.2024 the complainant remained absent and no representation for him. Hence, the case was posted for steps on 07.08.2024. On 07.08.2024 the trial Court has passed the following order: Complainant absent. No representation. By steps. Call at 2.45 pm. Again and again called out. - 4 - HC-KAR NC: 2025:KHC:43014 CRL.A No. 254 of 2025 Complainant absent. No representation. It appears that, complainant is not interested to proceed the case. Hence, complaint is hereby dismissed for non- prosecution. 4. Being aggrieved by this order, the appellant has preferred this appeal. On perusal of the order sheet it is crystal clear that the complainant has paid PF the Court has issued summons to the accused. After issuance of summons, whether the summons is served to the accused or not, has not been examined by the trial Court. Without passing any order to the effect the trial Court has straightaway dismissed the complaint, which is not sustainable under law. Accordingly, I proceed to pass the following: ORDER i) Appeal is allowed. ii) The impugned order passed by the III Additional Chief Judicial Magistrate, - 5 - HC-KAR NC: 2025:KHC:43014 CRL.A No. 254 of 2025 Bangalore dated 07.08.2024 in C.C No.21779/2023 is set aside; iii) C.C No.21779/2023 shall be restored; iv) The complainant is directed to appear before the trial Court without seeking any further notice on 28.11.2025; v) Complainant is directed to take necessary steps to secure the accused 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 NM,KBM List No.: 1 Sl No.: 30