- 1 - HC-KAR NC: 2025:KHC:43426 CRL.A No. 2164 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2164 OF 2025 (A) BETWEEN: DINESHA M S S/O. SWAMY, AGED ABOUT 35 YEARS, R/AT MALLAPURA VILLAGE, RAMANATHAPURA HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT-573102. …APPELLANT (BY SRI. VIJAY KUMAR T, ADVOCATE) AND: SHIVAPRAKASHA. K. R. S/O. RAJASHEKARA. K.C. AGED ABOUT 36 YEARS, R/AT KERAGODU VILLAGE, RAMANATHAPURA HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT-573102. …RESPONDENT (V/O DTD: 30.10.2025 NOTICE TO RESPONDENT IS D/W) THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 23.07.2025 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC AT ARAKALAGUD, IN C..CNO.261/2024 AND CONSEQUENTLY RESTORE THE CASE IN C.C.NO.261/2024 TO ITS ORIGINAL STAGE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43426 CRL.A No. 2164 of 2025 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant-complainant has preferred this appeal against the order passed by the Additional Civil Judge and JMFC, Arkalgudu, in C.C.No.261/2024 dated 23.07.2025. 2. The order dated 23.07.2025 passed in C.C.No.261/2024 read as under: “Again case called out at 5:00 p.m. No representation for complainant. Since, 09.09.2024 the complainant is not taking steps against the accused. Hence, complaint is dismissed for non-prosecution.” 3. It is submitted by the learned counsel for the appellant-complainant that the process fee has been paid. To substantiate the same, the learned counsel has produced the process memo dated 09.09.2024, which reveals that Rs.2/- process fee has been paid before the Trial Court. - 3 - HC-KAR NC: 2025:KHC:43426 CRL.A No. 2164 of 2025 4. Even though the complainant has paid the process fee, the Trial Court has not considered the same and mechanically passed the impugned order, which is not sustainable under law. Hence I proceed to pass the following order: ORDER a) Criminal Appeal is allowed. b) The order passed by the ACJ and JMFC, Arkalgudu in C.C.No.261/2024 dated 23.07.2025, is set aside. c) C.C.No.261/2024 shall be restored. d) Complainant is directed to appear before the Trial Court on 02.12.2025 without awaiting any further notice from the Court. e) Thereafter, the trial Court shall proceed with the case in accordance with law. f) Registry is directed to send the copy of this order to the Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE DM List No.: 1 Sl No.: 33