- 1 - HC-KAR NC: 2025:KHC:47357 CRL.A No. 1337 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1337 OF 2024 (A) BETWEEN: RAMESH B. Y. S/O YELLAPPA, AGED ABOUT 44 YEARS, R/AT NO.99, "DRUVA NILAYA", BASAVALINGAPPA NAGAR, BILEKAHALLI, BANNERUGHATTA MAIN ROAD, BENGALURU-560076 …APPELLANT (BY SRI. A. N. RADHA KRISHNA., ADV.) AND: M. R. WINCHU S/O DORAISWAMY, AGED ABOUT 58 YEARS, R/AT NO.48, 1ST 'B' CROSS, L.B.S. NAGAR, H.A.L. POST, BENGALURU-560017 …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED.) THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 16.11.2023 PASSED BY THE LEARNED 13TH A.C.M.M BENGALURU IN C.C.NO.3427/2022 DISMISSING THE COMPLAINT FOR NON PROSECUTION AND CONSEQUENTLY ACQUITTING THE ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I ACT AND REMAND THE MATTER Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47357 CRL.A No. 1337 of 2024 THE CASE TO THE LEARNED MAGISTRATE WITH A DIRECTIONS TO GO ON WITH A CASE FROM A STAGE OF CROSS OF PW-2. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/complainant has preferred this appeal against the order of dismissal for non-prosecution by the XIII Addl. Chief Metropolitan Magistrate, Bengaluru in C.C No.3427/2022 dated 16.11.2023. 2. The complainant/appellant has filed the complaint under Section 138 of Negotiable Instruments Act. Same was registered in PCR No. 3443/2021. After taking cognizance, the case was registered in C.C No.3427/2022 and summons was issued to the accused. In response to summons, accused appeared before the Court and enlarged on bail. The plea was recorded. Having understood the same, the accused pleaded not guilty and claimed to be tried. - 3 - HC-KAR NC: 2025:KHC:47357 CRL.A No. 1337 of 2024 3. The complainant adduced his evidence as PW1 and case was deferred for cross-examination of PW1. Thereafter, PW1 did not appear before the Court. Hence the trial Court has passed order on 16.11.2023 as under: Accused is present. Counsel for the accused Sri.C.M. Advocate submitted that, he is ready to cross examine the PW-1. Complainant and his counsel called out absent. No-representation for complainant called at 3-00 PM for steps. Case again called out at 3-10 PM. Accused and his counsel Sri.C.M. Advocate is present. PW-1/Complainant and his counsel called out absent. No-representation for complainant. Perused the order sheet the matter was pending for cross examination of PW-1. But today complainant/PW1 his counsel not appeared and took necessary steps prosecute the case. Even though sufficient opportunity granted to the complainant neither complainant nor his counsel appeared and took steps for prosecution. Considering the same and observation Hon'ble High Court of Karnataka, in ruling reported; 2020 SCC online KAR 2012 in the case of Karage Gowda V/s Nagaraj, I proceed to pass the following. - 4 - HC-KAR NC: 2025:KHC:47357 CRL.A No. 1337 of 2024 ORDER Acting U/s 256 (1) of Cr.P.C complaint is dismissed for non prosecution and accused is acquitted. 4. It is submitted by the learned counsel for the appellant that due to mistake PW1 could not appear before the trial Court for cross-examination and this Court can impose penalty and restore this case. Considering the submission made by the appellant counsel, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The order passed by XIII Addl. Chief Metropolitan Magistrate, Bengaluru in C.C No.3427/2022 dated 16.11.2023 is set aside. iii) C.C No. 3427/2022 shall be restored. iv) The appellant shall pay fine of Rs.3,000/-to the respondent. - 5 - HC-KAR NC: 2025:KHC:47357 CRL.A No. 1337 of 2024 v) The complainant is directed to appear before the trial Court without seeking any further notice on 10.12.2025; v) Thereafter the trial Court shall proceed with the case 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 KBM, UN List No.: 1 Sl No.: 28