- 1 - HC-KAR NC: 2025:KHC:27372 CRL.P No. 10277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.10277 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. SRINIVAS MURTHY K.V., S/O S.K VENKATAKRISHNAIAH AGED ABOUT 58 YEARS, RESIDING AT VAISHNAVI NILAYA, GOKAK ROAD, R.V.CLINIC, V.V.PURAM, GOWRIBIDANUR TOWN AND TALUK CHIKKABALLAPUR DISTRICT – 561 208. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: SRI AEJAS BASHA AGED ABOUT 59 YEARS, RESIDING AT KADALAVENI VILLAGE, GOWRIBIDANUR TOWN AND TALUK, CHIKKABALLAPUR DISTRICT – 561 208. …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C BY PRAYING TO SET ASIDE THE DISMISSAL ORDER PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, GAURIBIDANUR IN PCR NO.130/2022 DATED 22.02.2023 AND THEREBY ORDER TO RESTORE THE PCR NO.130/2022 BY ALLOWING THE PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27372 CRL.P No. 10277 of 2025 ORAL ORDER This petition by the complainant in PCR No.130/2022 is directed against the impugned order dated 22.02.2023 whereby the said private complaint filed by the petitioner against the respondent under Section 138 of NI Act was dismissed for non-prosecution. 2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondent is dispensed with especially since the respondent had not entered appearance before the Trial Court. 3. A perusal of the material on record will indicate that the petitioner – complainant filed the instant private complaint in PCR No.130/2022 against the respondent – accused under Section 138 of N.I.Act. The said private complaint was dismissed for non- prosecution by the Trial Court vide impugned order on the ground that petitioner and his counsel was not present on the said date. In my considered opinion having regard to the impugned proceedings initiated by the petitioner in which the respondent had not entered appearance as on the date of the impugned order, I deem it just - 3 - HC-KAR NC: 2025:KHC:27372 CRL.P No. 10277 of 2025 and appropriate to adopt a justice oriented approach and set aside the order and restore the matter to the file of the Trial Court. 4. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 22.02.2023 passed in PCR No.130/2022 by the Addl. Civil Judge & JMFC, Gauribidanur, is hereby set aside and matter is hereby restored to the file of the Trial Court. (iii) Petitioner to appear before the Trial Court on 11.08.2025 without awaiting further notice from the Trial Court. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 3 Sl No.: 21