- 1 - HC-KAR NC: 2025:KHC:41269 CRL.A No. 137 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 137 OF 2024 (A) BETWEEN: SRI. DODDE GOWDA AGED ABOUT 74 YEARS S/O DYAVAPPA GOWDA RESIDING AT DUDDA VILLAGE DUDDA HOBLI, HASSAN TALUK, AND DISTRICT, PIN 573 118. …APPELLANT (BY SRI. SHANKARANARAYANA BHAT N., ADVOCATE) AND: SMT. PARVATHI AGED ABOUT 56 YEARS W/O RANGASWAMY RESIDING AT ATTAVARA GATE AND POST DUDDA HOBLI, HASSAN TALUK, AND DISTRICT, PIN 573 118 …RESPONDENT (VIDE COURT ORDER DATED: 16.10.2025 NOTICE TO RESPONDENT IS DISPENSED WITH.) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER OF THE COURT OF THE ADDITIONAL CIVIL JUDGE AND JMFC AT HASSAN IN C.C.NO.503/2016 DATED 05.12.2023 AND DIRECT THE TRIAL COURT TO PROCEED FROM THE STAGE OF ISSUE OF WARRANT AND GRANT THE APPELLANT. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41269 CRL.A No. 137 of 2024 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/complainant has preferred this appeal against the order passed on 05.12.2023 by the Addl. Civil Judge and JMFC, Hassan in C.C No.503/2016 has dismissed the case for default as steps has not taken. 2. The learned counsel for the appellant would submit that on the date of passing order, the appellant counsel was not feeling well. Hence, he could not appear before the Court. Hence, sought for allow this appeal. 3. I examined the materials placed before this Court. On 05.12.2023 the trial Court has passed the following order. Complainant is called out, absent. The learned counsel for the complainant is also called out absent. No representation by the complainant's side. Call by 1:30 pm. Case again called out by 1:55 pm. - 3 - HC-KAR NC: 2025:KHC:41269 CRL.A No. 137 of 2024 Complainant is called out, absent. The learned counsel for the complainant is also called out, absent. No representation by complainant's side. Call by 3:00 pm. Case again called out by 3.50 pm. Complainant is called out, absent. The learned counsel for the complainant is also called out, absent. No representation by complainant's side till 3:50 pm. Perused the order sheet, in the present case since SIX dates of hearing neither the complainant nor his counsel are appearing before the court to take steps against the accused. Despite of issuance of WARRANT against the accused, the complainant failed to pay required process fee as per order, sufficient time has been granted to the complainant to take steps, but he has not taken any steps and not even - 4 - HC-KAR NC: 2025:KHC:41269 CRL.A No. 137 of 2024 present before the court since 6 dates of hearing, as such no grounds to grant further time to the complainant for the same stage. Hence complaint filed by the complainant is hereby dismissed for default as steps not taken. 4. On perusal of the order sheet dated 15.02.2020 which reveals that NBW was issued against the accused through S.P Hassan. It is also noted by the concerned official that NBW was issued, thereafter NBW was not returned. The trial Court has not taken any steps to ascertain whether that NBW was issued through the S.P Hassan is executed or not. The order sheet dated 13.10.2021 reveals that NBW was issued to accused on 28.10.2021 and again NBW was issued on 20.10.2021 and the same were not returned by the concerned police. However, the trial Court has not received any report from the concerned police, whether the NBW was executed or not. Without passing any order after issuing NBW the trial Court has mechanically passed an order to re-issue NBW - 5 - HC-KAR NC: 2025:KHC:41269 CRL.A No. 137 of 2024 if, PF paid. The order sheet reflects that the complainant has already paid the PF, two times NBW was issued but the same were not returned. 5. Under the set of circumstances, there is no justification in passing the impugned order stating that the complainant has not paid the PF, without application of mind, mechanically the trial Court has passed the impugned order, which is not sustainable under law. Hence, I proceed to pass the following. ORDER i) The appeal is allowed; ii) The order dated 05.12.2023 in C.C No.503/2016 passed by the Addl. Civil Judge and JMFC, Hassan is set aside and the C.C No.503/2016 shall be restored. iii) The complainant is directed to appear before the Court without seeking any further notice from the trial Court on 25.11.2025. - 6 - HC-KAR NC: 2025:KHC:41269 CRL.A No. 137 of 2024 iv) The complainant is directed to take necessary steps to secure the accused. Thereafter, the trial Court shall proceed with the case in accordance with law. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 38