- 1 - HC-KAR NC: 2025:KHC:48646 CRL.P No. 15304 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15304 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SMT. T R SAROJA W/O S.M KRISHNAPPA AGED ABOUT 66 YEARS, R/AT- NO. 2175, 17TH A MAIN ROAD 5TH C CROSS, HAL, 2ND STAGE, BENGALURU – 560 008. …PETITIONER (BY SRI. DINESHKUMAR RAO K, ADVOCATE) AND: SRI. UMA MAHESH C NAIDU CHAMAKURI S/O CHAMAKURI VENKATESHWARA RAO, AGED ABOUT 51 YEARS, R/AT 34-4-174/80 KANTHA REDDY NAGAR, ATTAPUR HYDERABAD – 500 048. …RESPONDENT (BY SRI. RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE IMPUGNED ORDER DATED 04.10.2025 PASSED BY THE XXXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYO HALL UNIT, BENGALURU IN C.C.NO.55520/2022 AND RESTORE THE ABOVE CASE BEFORE THE XXXIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYOHALL UNIT BENGALURU AND CONSIDER THE CASE OF PETITIONER IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:48646 CRL.P No. 15304 of 2025 ORAL ORDER This petition is preferred by the complainant being aggrieved by the order dated 04.10.2025 passed in C.C.No.55520/2022 by the XXXIII Addl. Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru dismissing the complaint for default and non-prosecution. 2. The petitioner filed a complaint against the respondent alleging an offence punishable under Section 138 of the N.I. Act. When the case was posted on 04.10.2025, as there was no representation either for the complainant or his counsel, the learned Magistrate has proceeded to dismiss the complaint. 3. A perusal of the order sheet of the Trial Court, reveals that on the earlier date of hearing, the accused was not served inspite of issuance of summons, steps were also not taken. 4. The order passed by the learned Magistrate, though cannot be found fault with, however, considering that the complaint was dismissed not on merits, an opportunity can be - 3 - HC-KAR NC: 2025:KHC:48646 CRL.P No. 15304 of 2025 given to the complainant to prosecute the case, by imposing cost. Accordingly, the following: ORDER i. Petition is allowed. ii. The order dated 04.10.2025 passed in C.C.No.55520/2022 by the XXXIII Addl. Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru dismissing the complaint for default and non- prosecution is hereby set aside. iii. The learned Magistrate is directed to restore the complaint to the file and proceed with the case in accordance with law. iv. The complainant shall appear before the Trial Court without further notice, on 12.11.2025 and shall prosecute the complaint diligently. v. Cost of Rs.2,500/- (Rupees Two Thousand Five Hundred only) shall be deposited by the - 4 - HC-KAR NC: 2025:KHC:48646 CRL.P No. 15304 of 2025 complainant before the Trial Court which shall be defrayed to the State. Sd/- (MOHAMMAD NAWAZ) JUDGE JS List No.: 1 Sl No.: 3