- 1 - HC-KAR NC: 2025:KHC:36799 CRL.A No. 1394 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1394 OF 2025 (A) BETWEEN: SHIVANNAGOWDA S N S/O NINGAIAH AGED ABOUT 34 YEARS R/AT SINGONAHALLI VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT 572 123 …APPELLANT (BY SRI. JAYALAKSHMAMMA K.B., ADVOCATE) AND: SRI VAIRMUDI S/O DODDADESAPPA AGED ABOUT 57 YEARS Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36799 CRL.A No. 1394 of 2025 R/AT SINGONAHALLI VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT 572 123 …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 07.05.2025 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC KUNIGAL IN C.C.NO.959/2024 AND RESTORE THE SAME TO PROCEED THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:36799 CRL.A No. 1394 of 2025 ORAL JUDGMENT 1. This appeal is filed by the appellant/complainant seeking to set aside the order dated 07.05.2025 passed in C.C.No.959/2024 by the learned Addl. Civil Judge & JMFC, Kunigal. 2. The appellant filed a private complaint before the Trial Court against the respondent/accused for the offence under Section 138 of Negotiable Instruments Act (for short ‘N.I Act’) in the year 2023. On 21.06.2024, the sworn statement of the appellant was recorded, documents were marked as Exs.P.1 to 5, summons was ordered against the accused and the matter was adjourned to 09.08.2024. On 09.08.2024, process fee was paid and the notice was ordered for the accused through RPAD and the matter was adjourned to 10.10.2024. On 10.10.2024, again notice was ordered without verifying the status of the RPAD and the same was not noted in the order sheet. Due to oversight, again the appellant had paid P.F. The matter was posted on 13.12.2024. On 13.12.2024, the matter was adjourned to 17.02.2025. On 17.02.2025, the notice was ordered through RPAD and adjourned to 07.05.2025. Due to - 4 - HC-KAR NC: 2025:KHC:36799 CRL.A No. 1394 of 2025 oversight, P.F., was not paid. On 07.05.2025, the case was called out and without giving opportunity to the appellant, the case was dismissed for default. Being aggrieved by the order of dismissal, the appellant preferred this appeal before this Court. 3. On perusal of the order sheet and also the facts and circumstances of the case, it is appropriate to grant one more opportunity to the appellant/complainant to appear before the Trial Court by imposing payment of costs. 4. Accordingly, I proceed to pass the following: ORDER i. The Appeal is allowed. ii. The order dated 07.05.2025 passed in C.C.No.959/2024 by the learned Addl. Civil Judge & JMFC, Kunigal is set aside. iii. The matter is remitted to the Trial Court directing the Trial Court to continue in the stage on which the case was disposed of. iv. The Trial Court is directed to restore the criminal case and issue Court notice to the - 5 - HC-KAR NC: 2025:KHC:36799 CRL.A No. 1394 of 2025 respondent/accused and proceed with the matter. v. The appellant shall deposit Rs.5,000/- to the Trial Court as costs within a period of four weeks from today. vi. The Registry is directed to send the records forthwith to the Trial Court along with a copy of this judgment. Sd/- (S RACHAIAH) JUDGE JS/- List No.: 1 Sl No.: 4