- 1 - HC-KAR NC: 2025:KHC:48644 CRL.P No. 15948 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. 15948 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. RAJASHEKAR SON OF LATE A.D.KALAPPA, AGED ABOUT 56 YEARS, JUNIOR ENGINEER KPTCL, R/O GURUPURA SHIVAMOGGA - 577 201. …PETITIONER (BY SRI. SANTOSH S NAGARALE, ADVOCATE) AND: SRI. SRINIVASAPPA S/O NOT KNOWN AGED ABOUT 57 YEARS. KPTCL MAJOR WORKS, KAVOOR MANGALORE R/O EB- 19, KPTCL QUARTERS, KAVOOR POST, MANGALURU - 575 015. ….RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE II ADDL. SR. CIVIL JUDGE AND JMFC, SHIVAMOGGA IN CC NO. 1073/2021 DATED 10.09.2024 AND CONSEQUENTLY TO RESTORE THE MATTER ON THE FILE II ADDL. SR. CIVIL JUDGE AND JMFC, SHIVAMOGGA FOR THE OFFENCES UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT. 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:48644 CRL.P No. 15948 of 2025 ORAL ORDER The petitioner/complainant has preferred this petition under Section 482 of Cr.P.C., seeking to set aside the order dated 10.09.2024 passed in C.C.No.1073/2021 by the II Addl. Sr. Civil Judge and JMFC, Shivamogga and consequently, to restore the compliant filed by the complainant under Section 138 of N.I. Act. 2. Vide impugned order, the learned Magistrate has dismissed the complaint for non-prosecution as there was no representation on behalf of the complainant. 3. The complaint was filed on 09.01.2019. The order sheet reveals that, the statement of the accused was recorded under Section 313 of Cr.P.C. on 04.07.2024. Subsequently, NBW was issued to the accused on 12.07.2024. 4. On 10.09.2024, the accused filed an application for recalling the NBW and the said application was allowed. However, since the complainant and his counsel were not present, the learned Magistrate observing that the complainant - 3 - HC-KAR NC: 2025:KHC:48644 CRL.P No. 15948 of 2025 has not appeared before the Court to tender himself for cross- examination, dismissed the complaint for non-prosecution. 5. Considering that the complaint was dismissed for non-prosecution and not on merits, an opportunity can be given to the complainant, in the interest of justice, to prosecute the complaint, however, by imposing suitable cost. Accordingly the following: ORDER i. Petition is allowed. ii. The order dated 10.09.2024 passed in C.C.No.1073/2021 by the II Addl. Sr. Civil Judge and JMFC, Shivamogga dismissing the complaint for non-prosecution 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. The petitioner shall appear before the Trial Court without further notice, on 10.12.2025. - 4 - HC-KAR NC: 2025:KHC:48644 CRL.P No. 15948 of 2025 v. Cost of Rs.3,000/- (Rupees Three Thousand only), shall be deposited by the petitioner before the Trial Court, , which shall be defrayed to the State. Pending I.A. is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE JS, List No.: 1 Sl No.: 6