- 1 - HC-KAR NC: 2025:KHC:44690 CRL.A No. 73 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 73 OF 2025 (A) BETWEEN: SRI DEVRAJU S/O BASAVEGOWDA R/O HONGERE VILLAGE MAJOR IN AGE, SHANTIGRAMA HOBLI HASSAN TALUK, HASSAN DISTRICT-573212. …APPELLANT (BY SRI. HANUMANTHA RAJU, ADV. FOR SMT. MEENAKSHI K., ADV.) AND: NAGARAJU S/O LATE SANNEGOWDA MAJOR IN AGE R/O MUTHIGE VILLAGE MOSALE HOSAHALLI, SORTING OFFICE, SHANTIGRAMA HOBLI, HASSAN TALUK, HASSAN DISTRICT-573212. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED.) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 26.07.2024 IN C.C.NO.3206/2015 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC HASSAN BY ALLOWING THIS CRIMINAL APPEAL. THIS APPEAL, COMING ON FOR FINAL HEARING, 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:44690 CRL.A No. 73 of 2025 ORAL JUDGMENT The complainant/appellant has preferred this appeal against the impugned order passed by the trial Court dated 26.07.2024, the trial Court has dismissed the complaint for non-prosecution. 2. The complainant/appellant has filed the complaint before the trial Court for offence under Section 138 of NI Act. After taking cognizance, case was registered in CC No.3206/2015. The order sheet reveals that on 24.06.2022 the summons was issued to the accused. Thereafter, NBW was issued to the accused and case was posted from time to time. On 21.09.2023 PF was paid. After payment of process fee, the Court has not passed any order instead posted the case for steps. However, as per order dated 19.01.2024 it is noted in the order-sheet that process fee was paid and re-issued NBW to the accused through RPAD. That on 26.07.2024 the trial Court has passed the impugned order, which reads as under: - 3 - HC-KAR NC: 2025:KHC:44690 CRL.A No. 73 of 2025 Case called out. Complainant and complainant counsel called out absent. Kept by. Case again called out at 5.30 PM. Complainant and complainant counsel called out absent. None represented on behalf of complainant on today hearing. Perused the orders sheet in the present case after institution of the present complaint. Complainant regularly absent before the court and did not taken any effective steps for issuance of warrant to the accused. Further from 26.12.2022 to till date complainant regularly absent before the court and not furnished PF for issuance of warrant to the accused. Hence it shows complainant has no interest in the proceedings of the present case. Therefore private complaint is hereby dismissed for non prosecution and disposed off accordingly. 3. On perusal of this order, it appears that the impugned order is contrary to the facts of the case for the reason that the trial Court has clearly stated in the order sheet dated 19.01.2024, the PF is paid. The Court has re-issued NBW to the accused through RPAD. When the complainant has paid the process fee, the question of not - 4 - HC-KAR NC: 2025:KHC:44690 CRL.A No. 73 of 2025 taking steps by the complainant does not arise. However, the trial Court has observed that the complainant did not take effective steps for issuance of warrant to the accused. If the warrant is issued to the accused through RPAD, then it is the duty of the Court to send non-bailable warrant through the concerned police and in turn concerned police have to execute the same. Unfortunately, the trial Court has not passed any such order. 4. Viewed from any angle, the impugned order is illegal and not sustainable under law. Without application of mind the trial Court has passed the impugned order mechanically. Hence, I proceed to pass the following: ORDER i) Appeal is allowed. ii) The impugned order passed by the III Addl. Civil Judge and JMFC, Hassan dated 26.07.2024 in C.C No.3206/2015 is set aside; iii) C.C No.3206/2015 shall be restored; - 5 - HC-KAR NC: 2025:KHC:44690 CRL.A No. 73 of 2025 iv) The complainant is directed to appear before the trial Court without seeking any further notice on 08.12.2025; v) Thereafter the trial Court shall proceed with the case in accordance with law. vi) Registry is directed to send a copy of this order along with the Trial Court records to the trial Court to take necessary action. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 80