- 1 - HC-KAR NC: 2025:KHC:46147 CRL.P No. 15198 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.15198 OF 2025 BETWEEN: M.S. SHIVKUMARSWAMY S/O SWAMY, AGED ABOUT 43 YEARS, T. MAYAGOUDANAHALLI VILLAGE, HALLI MYSURU HOBLI, HOLENARSIPURA TALUK, HASSAN DISTRICT-573 211. …PETITIONER (BY SRI. SYED AKBAR PASHA, ADVOCATE) AND: H.M. PARAMESH AGED ABOUT 46 YEARS, METER READER, CHAMUNDESHWARI, POWER SUPPLY CORPORATION, ASSISTANT EXECUTIVE ENGINEER, CHANNARAYAPATNA-573 116. …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. (FILED UNDER SECTION 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND J.M.F.C., HOLENARASIPURA IN C.C.NO.1211/2022 DATED 19-09-2025, AND FURTHER PLEASE TO RESTORE THE COMPLAINT. THIS CRIMINAL PETITION IS 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:46147 CRL.P No. 15198 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The Order dated 19.9.2025 passed by the learned Additional Civil Judge and JMFC, Holenarasipura, dismissing the complaint for non-prosecution, is assailed in this petition. 2. Petitioner is the complainant before the trial Court, who initiated proceedings against the respondent for the offence punishable under Section 138 of N.I. Act. The order sheet of the trial Court reveals that the accused failed to appear before the Court in spite of issuance of summons and therefore, NBW was issued. However, he was not secured. The complainant was directed to be present and to take necessary steps. Since the complainant was not present on the relevant date, the learned Magistrate proceeded to dismiss the complaint, observing that the matter is pending from the year 2022 - 3 - HC-KAR NC: 2025:KHC:46147 CRL.P No. 15198 of 2025 for the default of taking necessary steps by the complainant. 3. Learned counsel for the petitioner submits that, cheque amount is Rs.2 lakhs and the complainant has complied with all the relevant procedure and if he is given an opportunity to prosecute his complaint, he will take necessary steps and will be diligent in prosecuting the case before the trial Court. 4. Considering the facts and circumstances, an opportunity can be given to the complainant to prosecute his complaint, to meet the ends of justice. Hence, the following: ORDER i. Order dated 19.9.2025 passed by the Additional Civil Judge and JMFC, Holenarasipura in CC No.1211/2022 is set aside. - 4 - HC-KAR NC: 2025:KHC:46147 CRL.P No. 15198 of 2025 ii. The learned Magistrate shall restore the complaint to the file and proceed further in accordance with law. iii. Petitioner/complainant shall appear before the trial Court on 28.11.2025, without further notice. iv. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 64