- 1 - HC-KAR NC: 2025:KHC:42516 CRL.A No. 1190 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1190 OF 2024 (A-) BETWEEN: 1. S.GOPAL SHETTIGAR S/O LATE S.M.SHETTIGAR AGED ABOUT 74 YEARS R/AT: 2-2-44F, “SRI RAKSHA” SHIRIBEEDU, BANNANJE WRAD UDUPI TQ AND DISTRICT-576101. …APPELLANT (BY SRI.KEERTHI PRASAD.D.C., ADVOCATE) AND: 1. MOHAMMED ILIYAS FARAN S/O MOHAMMED ILIYAS MAJOR, R/AT: No. 5-90 UGRANI HOUSE, MALLAR VILLAGE KAPU POST, KAPU TALUK UDUPI DISTRICT-574106. …RESPONDENT (RESPONDENT ABSENT) THIS CRL.A IS FILED U/S 378(4) OF CR.P.C. BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., UDUPI IN C.C.NO.2565/2019 DATED 12.01.2024 BY ALLOWING THIS CRL.A. AND REMAND THE CASE TO THE TRIAL COURT FOR PROCEEDING FURTHER IN ACCORDANCE WITH LAW. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42516 CRL.A No. 1190 of 2024 ORAL JUDGMENT The appellant has preferred this appeal against the order passed by the IV Additional Civil Judge and JMFC., Udupi, as the Trial Court has dismissed the complaint for not taking steps. 2. The impugned order is dated 12.01.2024 which reads as under: “Complainant absent. No representation. No ground made out. Sufficient time granted. Hence, complainant is directed to take steps. Case again called out. Complainant absent. No representation. No ground made out. Hence, complaint is, hereby dismissed as not pressed.” 3. A perusal of the order sheet reveals that complainant has filed complaint against the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘NI Act’). After taking cognizance, case was registered in - 3 - HC-KAR NC: 2025:KHC:42516 CRL.A No. 1190 of 2024 C.C.No.2565/2019. Thereafter, summons was issued to the accused. The summons was returned with shara ‘Unclaimed’ and the Trial Court held that service of summons held proper and NBW was issued to the accused. 4. That on 17.01.2020, as per the notification No.ADMN/07/2020, dated 17.01.2020 of the Principal District Judge, Udupi, the entire records transferred to the IV Additional Civil Judge and JMFC, Udupi for disposal in accordance with law. That on 23.01.2020, the Trial Court has passed an order to re-issue NBW to the accused and thereafter, case was adjourned from time to time till 12.01.2024. 5. It is submitted by the learned counsel for the appellant that the Advocate for the complainant passed away and the same was not noticed by the complainant. Hence, not taking the steps by the complainant is bonafide and not intentional one. Hence, on these grounds, he sought for allowing the appeal. - 4 - HC-KAR NC: 2025:KHC:42516 CRL.A No. 1190 of 2024 6. Despite service of notice, the respondent absent and unrepresented. 7. Considering the submissions of the learned counsel appearing for the appellant, I proceed to pass he following: ORDER a) Appeal is allowed. b) The order passed by the IV Additional Civil Judge and JMFC, Udupi in C.C.No.2565/2019 dated 12.01.2024 is set aside. c) The case in C.C.No.2565/2019 on the file of the IV Additional Civil Judge and JMFC, Udupi shall be restored to the file. d) The complainant/appellant shall take necessary steps to secure the accused. - 5 - HC-KAR NC: 2025:KHC:42516 CRL.A No. 1190 of 2024 e) The complainant/appellant is directed to appear before the Trial Court without seeking any further notice on 25.11.2025. f) The Registry is directed to send the copy of this order to the Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE NC List No.: 1 Sl No.: 10