- 1 - NC: 2025:KHC:8375 CRL.P No. 2580 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2580 OF 2025 BETWEEN: SRI. SHANTHA KUMAR, S/O LATE. GOVINDAPPA AGED ABOUT 35 YEARS, R/AT NO.173, GOLAHALLI, ANJANAPURA, BANGALORE -560 062 …PETITIONER (BY SRI. BALACHANDRA A.T., ADVOCATE) AND: 1. SMT. S. RUKSAR W/O WASEEM PASHA R/AT NO. 9, 6TH CROSS, NEAR CORPORATION SAMPANGIRAMANAGAR, WILSON GARDEN, BANGALORE- 560 027 2. SRI. WASEEM PASHA S/O ARIF, R/AT NO. 9, 6TH CROSS, NEAR CORPORATION SAMPANGIRAMANAGAR, WILSON GARDEN, BANGALORE- 560 027 …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE DISMISSAL ORDER FOR NON PROSECUTION DATED 24.05.2023 PASSED BY THE 16TH A.C.M.M AT BENGALURU IN PCR NO.10447/2022 PENDING ON THE FILE OF 16TH A.C.M.M AT BENGALURU CONSEQUENTLY TO DIRECT THE 16TH A.C.M.M TRIAL COURT TO RESTORE THE SAME AND DISPOSE THE SAME IN ACCORDANCE WITH LAW. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8375 CRL.P No. 2580 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition filed by the complainant in PCR.No.10447/2022 is directed against the impugned order dated 24.05.2023 passed by the 16th Additional Chief Metropolitan Magistrate, Bangalore, whereby the said private complaint filed by the petitioner against the respondents / accused for offence punishable under Sections 138 and 142 of the Negotiable Instruments Act was dismissed for non-prosecution. 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with. 3. A perusal of the material on record indicate that the aforesaid proceedings instituted by the petitioner against the respondents in PCR.No.10447/2022, the matter was set down for recording of sworn statement of the petitioner / complainant and both the complainant and his counsel remained absent on 24.05.2023, resulting in the Trial Court passing the impugned order dismissing the complaint for non-prosecution. - 3 - NC: 2025:KHC:8375 CRL.P No. 2580 of 2025 4. In this context, learned counsel for the petitioner submits that due to bonafide reasons, unavoidable circumstances and sufficient cause, neither the petitioner nor his counsel could remain present before the Trial Court on 24.05.2023 and if one more opportunity is provided, the petitioner would remain present before the Trial Court on a particular date fixed by this Court and the Trial Court may be directed to proceed further in accordance with law. 5. The said submission is placed on record. 6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order dated 24.05.2023 and restore PCR.No.10447/2022 to the file of the Trial Court by issuing certain directions. 7. In the result, I pass the following order :- ORDER i) The petition is hereby allowed. ii) The impugned order dated 24.05.2023 passed by the XVI Additional Chief Metropolitan Magistrate, - 4 - NC: 2025:KHC:8375 CRL.P No. 2580 of 2025 Bangalore in PCR.No.10447/2022, dismissing the complaint for non-prosecution is hereby set aside. iii) The petitioner is directed to appear before the Trial Court on 11.03.2025 without awaiting further notice from the Trial Court. iv) Upon appearance of the petitioner along with his counsel on 11.03.2025, the Trial Court shall record the sworn statement of the petitioner and proceed further in accordance with law. SD/- (S.R.KRISHNA KUMAR) JUDGE MEG List No.: 2 Sl No.: 55