- 1 - HC-KAR NC: 2025:KHC:31030 CRL.A No. 1303 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1303 OF 2025 (A) BETWEEN: MR RAVI K S/O KARIBASAPPA AGED ABOUT 54 YEARS R/AT NO.5, PAVAN NILAYA 9TH CROSS, SAPTHAGIRINAGARA CHIKKASANDRA H G ROAD BANGALORE DISTRICT-560 057 …APPELLANT (BY SMT. KALPANA.P.V., ADVOCATE) AND: MR. ABHISHEK S BHAT S/O LATE SRINIVAS N AGED ABOUT 31 YEARS R/AT PLOT NO.7 SITE NO.682 MAYA MATHA SADANA 7TH BLOCK 2ND PHASE, SHAKTHINAGAR BSK 3RD STAGE, NEAR SRI MAHA SHAKTHI GANAPATHI TEMPLE, BANGALORE-560 085 ALSO OFFICE ADDRESS VIPRA BUILDERS CONSULTANT NO.525, AGB LAYOUT NEAR UNION BANK AND MAHILA SHAKTHI KENDRA BANGALORE-560 090 …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO SET ASIDE THE ORDER OF DISMISSAL PASSED ON 24.05.2025 IN CC NO.29125/2022 ON THE FILE OF THE XX ADDITIONAL CMM AT BANGALORE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31030 CRL.A No. 1303 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. Case called out. 2. This appeal arises out of the order of dismissal passed on 24.05.2025 in C.C.No.29125/2022 on the file of the learned XX Additional Chief Metropolitan Magistrate, Bangalore. 3. It is the submission of the learned counsel for the appellant that the Trial Court vide its order dated 24.05.2025 dismissed the complaint for default which is erroneous and not proper for the reason that the cognizance of the case was taken on 12.09.2022. Summons was ordered to the accused on the said date returnable on 03.12.2022. On that day, summons was again re-issued through R.P.A.D. 4. The R.P.A.D was served and the Trial Court issued N.B.W to the accused if P.F is paid. Again, it was listed on 11.04.2023, same order was passed and adjourned to 17.06.2023. After that, several dates were given. - 3 - HC-KAR NC: 2025:KHC:31030 CRL.A No. 1303 of 2025 However, the complainant had not taken any steps for the execution of N.B.W against the accused. In the mean time, the Trial Court dismissed the complaint for non-prosecution. 5. It is further submitted that the appellant had engaged the services of an Advocate. The said Advocate has not appeared before the Trial Court and he has misguided the complainant/appellant by stating one or the other reasons till disposal of the case. 6. It is further submitted that the appellant has good case on merit and he would be regular before the Trial Court in all the hearing dates. Hence, the order may be recalled and permitted the complainant to represent the case. 7. Having considering the said submissions and also perused the order sheet available on record, I am of the considered opinion that, this is the case where the discretionary power requires to be exercised under such circumstances. 8. In the light of the observations made above, I proceed to pass following: - 4 - HC-KAR NC: 2025:KHC:31030 CRL.A No. 1303 of 2025 ORDER i. The appeal is allowed on payment of cost of Rs.5,000/- payable to Karnataka State Legal Services Authority. ii. The Trial Court is directed to restore the file from the stage where it has stopped. iii. The Registry is directed to communicate this order to the Trial Court, forthwith. Sd/- (S RACHAIAH) JUDGE NM List No.: 2 Sl No.: 6