- 1 - HC-KAR NC: 2025:KHC:30019 CRL.A No. 44 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 44 OF 2024 (A-) BETWEEN: 1. M/S TRAWEALTH INDIA PVT LTD OFFICE AT NO.14, KAVERIAPPA LAYOUT, MILLER TANK BUNK ROAD, BENGALURU 560075. REP BY ITS MANAGER MR.UMESH BABU 2. M/S TRAWEALTH INDIA PVT LTD REP BY ITS MANAGER, MR UMESH BALARAJ.A, AGED ABOUT 42 YEARS, S/O ANDREW, R/AT NO.6, 15TH CROSS, EJIPURA MAIN ROAD, EJIPURA VIVEKNAGAR POST, BENGALURU 560047. …APPELLANTS (BY SRI. S JAGAN BABU., ADVOCATE) AND: MR.MAHESH REDDY AGED ABOUT 47 YEARS, S/O RAMA REDDY, R/AT FLAT NO.202, SHIVA DURGA LAND MARK APARTMENT, 80 FEET ROAD, SRINIVASA NAGAR, OPP TO SHANKARNAG PLAY GROUND, BENGALURU 560085. ALSO AT. NO.31, AYYAPPA REDDY GARDEN, NEAR KESHAVA THEATER, BEHIND LIC COLONY, ESHWANTHPUR, BENGALURU 560085. …RESPONDENT Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30019 CRL.A No. 44 of 2024 THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C. PRAYING TO SET ASIDE THE ORDER OF DISMISSAL FOR NON- PROSECUTION DATED 25.11.2023 PASSED BY THE XXVII ADDL.C.M.M., BENGALURU IN C.C.NO.23766/2023 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. This appeal has been filed by the appellant being aggrieved by the order dated 25.11.2023 in C.C No.23766/2023, wherein the Trial Court dismissed the complaint for non-prosecution. 2. Heard Sri.S.Jagan Babu, learned counsel for the appellant. 3. It is the submission of learned counsel for the appellant that, on 05.10.2023, the accused filed vakalath along with an application under Section 205 of Cr.P.C. The accused was exempted from his appearance. On 16.10.2023, the accused remained absent and NBW was issued. The matter was adjourned to 18.11.2023. The learned counsel further submitted that due to oversight, the date has been mentioned on the docket as 28.11.2023 instead of 18.11.2023. In the - 3 - HC-KAR NC: 2025:KHC:30019 CRL.A No. 44 of 2024 meantime, on 17.10.2023, the respondent had advanced the matter and got the NBW recalled. On 18.11.2023, 20.11.2023 and 25.11.2023, the complainant remained absent. Therefore, the matter has been dismissed for non-prosecution. 4. Having considered the valid reason assigned by the learned counsel for the appellant, it is appropriate to set aside the order on payment of cost of Rs.5,000/- payable to Karnataka State Legal Services Authority. It is needless to say that the matter may be proceeded from the stage where it has stopped. 5. Accordingly, I proceed to pass the following: ORDER i) The criminal appeal is allowed. ii) The order dated 25.11.2023 passed in C.C No.23766/2023 by the Additional Chief Metropolitan Magistrate, Bengaluru is set aside. iii) The Trial Court is directed to proceed with the matter on receiving the receipt for having paid the costs. - 4 - HC-KAR NC: 2025:KHC:30019 CRL.A No. 44 of 2024 iv) The parties are hereby directed to appear before the Trial Court on 30.08.2025. SD/- (S RACHAIAH) JUDGE UN List No.: 2 Sl No.: 1