- 1 - HC-KAR NC: 2025:KHC:42066 CRL.P No. 13786 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13786 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-576 201. …PETITIONER (BY MS. THANIMA BEKAL, ADVOCATE FOR SRI. GIRIDHAR H., ADVOCATE) AND: SRI. M.S. SRIKANTHA S/O SHIVAPPA GOWDA, AGED ABOUT 42 YEARS, RESIDING AT NILUVAGILU AND POST, KOPPA TALUK-577 120. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.79/2021 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, KOPPA FILED UNDER SECTION 200 OF CRIMINAL PROCEDURE CODE FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. VIDE ANNEXURE-A AND B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42066 CRL.P No. 13786 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The petitioner is seeking to quash the proceedings in CC No.79/2021 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 Court for nearly 30 times and though the petitioner is - 3 - HC-KAR NC: 2025:KHC:42066 CRL.P No. 13786 of 2025 ready to cross-examine him, PW1 is not appearing before the Court. 5. A perusal of the ordersheet 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. 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:42066 CRL.P No. 13786 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. Pending IA is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 33