- 1 - HC-KAR NC: 2025:KHC:51554 CRL.P No. 13764 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13764 OF 2025 BETWEEN: SMT SHAKILA P. SHETTY W/O.PRADEEP R SHETTY, AGED ABOUT 41 YEARS, RESIDING AT AMBIKA GUEST HOUSE, KOLLURU VILLAGE AND POST, KUNDAPURA, BYNDOOR TALUK, UDUPI DISTRICT-576201 …PETITIONER (BY SRI. GIRIDHAR H.,ADVOCATE) AND: SRI RAMESH K K S/O.KALASAPPA GOWDA, AGED ABOUT 49 YEARS, RESIDING AT KARUVANE, BILAGADDE VILLAGE AND POST, KOPPA TALUK-577120 …RESPONDENT (BY SRI. RAHUL RAI. K., HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.275/2021 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC KOPPA FILED U/S.200 OF CPRC FOR OFFENCE P/US/ 138 OF NI ACT VIDE ANNEXURE A AND B. AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51554 CRL.P No. 13764 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is seeking to quash the proceedings in CC No.275/2021 pending on the file of the Court of Civil Judge and JMFC, Koppa. 2. An alternative prayer is made seeking a direction to the trial Court to dispose of the matter expeditiously, within a time frame manner. 3. The grievance of the petitioner seems to be, the complainant/PW1 is continuously remaining absent before the trial Court and the trial Court is adjourning the matter from time to time. It is contented by the learned counsel that the trial Court should have proceeded under Section 256 of Cr.P.C., (Section 279 of BNSS, 2023) and ought to have acquitted the petitioner/accused. 4. The learned counsel submitted that the complainant/PW1 has remained absent before the trial - 3 - HC-KAR NC: 2025:KHC:51554 CRL.P No. 13764 of 2025 Court for nearly 30 times and though the petitioner is ready to cross-examine him, PW1 is not appearing before the Court. 5. A perusal of the order sheet would disclose that PW1 has remained absent on several dates of hearing and the trial Court has been adjourning the matter. The complaint was filed in the year 2021. Granting repeated adjournments in the case would certainly cause serious prejudice to the accused. Petitioner is ready to cross- examine the complainant/PW1, hence, considering that the case is pending since 2021, the trial Court is directed to make all endeavor to dispose of the matter within a period of three months from the date of receipt of a copy of this order. 6. If the complainant remains absent continuously without justification, it is open for the trial court to exercise its power vested under Section 279 of BNSS, 2023 (Section 256 Cr.P.C). - 4 - HC-KAR NC: 2025:KHC:51554 CRL.P No. 13764 of 2025 7. If the complainant appears and tenders himself for cross-examination, the learned Magistrate shall dispose of the matter as directed above. With the above observations, petition is disposed of. I.A.No.2/2025 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 36