- 1 - HC-KAR NC: 2025:KHC:35907 CRL.A No. 1630 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1630 OF 2024 (A) BETWEEN: S GOPAL SHETTIGAR S/O LATE S M SHETTIGAR AGED ABOUT 72 YEARS R/AT 2-2-44F, SRI RAKSHA SHIRIBEEDU BANNANJE WARD UDUPI TQ AND DISTRICT 576 101 &APPELLANT (BY SRI. KEERTHI PRASAD D C., ADVOCATE) AND: SHAMBHAVI NAYAK AGED ABOUT 64 YEARS Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35907 CRL.A No. 1630 of 2024 W/O GANAPATHY NAYAK HMT QUARTERS, NEAR KAPU HALEMARIGUDI, TEMPLE KAPU TALUK UDUPI DISTRICT 574 106 &RESPONDENT (BY SMT. ADLENE STEPHANIE MENDES., ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC (FILED U/S 419 BNNS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE III ADDL.CIVIL JUDGE AND J.M.F.C, UDUPI IN C.C.NO.2564/2019 DATED 05.06.2023 AND REMAND THE CASE TO THE TRIAL COURT FOR PROCEEDING FURTHER IN ACCORDANCE WITH LAW. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:35907 CRL.A No. 1630 of 2024 ORAL JUDGMENT This appeal is filed by the appellant being aggreived by the order dated 05.06.2023 passed in C.C.No.2564/2019 on the file of III Additional Civil Judge and J.M.F.C., Udupi, seeking to set aside the order. 2. It is the submission of learned counsel for the appellant that the case was transferred from the Court of III Additional Civil Judge and J.M.F.C, Udupi, to IV Additional Civil Judge and J.M.F.C on 20.04.2020. Later, on 05.03.2021, the case was posted for defence evidence. However, the accused was absent, warrant was issued on 02.03.2022 and 08.04.2022. 3. It is further submitted that, warrant was recalled on cost. Later, case was transferred to the Court of Principal Civil Judge and J.M.F.C on 07.02.2023, no notice was issued to the complainant regarding transfer of the case. It was posted for cross-examination of the complainant. On 05.06.2023, P.W.1 was absent as he was not aware about the transfer of the case and the appellant was not able to appear before the Court. However, the case was dismissed for non-prosecution. The - 4 - HC-KAR NC: 2025:KHC:35907 CRL.A No. 1630 of 2024 absence of the appellant was not intentional, but, it is bonafide. Moreover, the appellant is having a good case on merit. If, the order is not passed, it would be caused prejudice to the appellant. Therefore, it is appropriate to set aside the order. Making such submissions, the learned counsel for the appellant prays to allow the appeal. 4. Having heard the submissions made by learned counsel for the appellant and also perused the order sheet available on record, I am satisfied with the submission made by learned counsel for the appellant. Therefore, it is appropriate to allow the appeal. Hence, I proceed to pass the following: ORDER i. The Criminal Appeal is allowed. ii. The order dated 05.06.2023 passed in C.C.No.2564/2019 on the file of III Additional Civil Judge and J.M.F.C., Udupi, is hereby, set aside. iii. The Registry of the Trial Court is directed to restore the file and place before the appropriate Court. - 5 - HC-KAR NC: 2025:KHC:35907 CRL.A No. 1630 of 2024 iv. The Trial Court is directed to issue summons to the appellant/complainant and accused and proceed with the stage from were it was stopped. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 10