- 1 - HC-KAR NC: 2025:KHC:50388 CRL.A No. 1921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1921 OF 2025 BETWEEN: SRI HANUMANTHA RAO S/O MUNOJI RAO AGE ABOUT 55 YEARS R/T RAMAYYA GARDEN NEAR ROYAL SCHOOL OPP. TO ADI PROVISION STORE KADUGODI BENGALURU 560067 …APPELLANT (BY SRI. VASANTHAPPA., ADVOCATE(PH) ) AND: SRI POLLA KESAPPA AGE ABOUT 49 YEARS R/A NO 3, VEERASWAMY REDDY LAYOUT NEAR SHIRDI SAI BABA TEMPLE KADUGODI BENGALURU 560067 …RESPONDENT (V/O DTD.03/12/2025 NOTICE TO RESPONDENT D/W) THIS CRL.A. IS FILED U/S.378(4) CR.P.C., AND U/S. 419(4) OF BNSS, 2023, BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE ADDL. CJM BENGALURU RURAL DISTRICT BENGALURU IN C.C.NO.1155/2022 DATED 20.06.2025 AND RESTORE THE MATTER TO TRIAL COURT FOR FRESH CONSIDERATION OF I.A.NO.1/2025 FOR SPECIAL LEAVE AND ETC. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50388 CRL.A No. 1921 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/complainant has preferred this appeal against the order dated 20.06.2025 passed by the Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, in C.C.No.1155/2022, whereby dismissing the criminal case for default and non- prosecution. The appellant had filed a private complaint under Section 200 of Cr.P.C. read with Section 138 of the Negotiable Instruments Act, 1881, as against the accused. After taking the cognizance, the Trial Court has registered the criminal case in C.C.No.1155/2022 and summons was issued to the accused through RPAD. The Trial Court has not received any report from Postal Authority in respect of service of summons on the accused and has not made any efforts to secure acknowledgment. However, before receiving such acknowledgment and postal track - 3 - HC-KAR NC: 2025:KHC:50388 CRL.A No. 1921 of 2025 consignment, the Trial Court has dismissed the case on 20.06.2025 for default and non-prosecution which is not sustainable under law. When the summons was issued to the accused through RPAD, it is the duty of the court to see whether the RPAD is served or not. However, without ascertaining same, the Trial Court has dismissed the case hence, the impugned order is not sustainable under law. 2. Accordingly, I proceed to pass the following: ORDER (i) The Criminal Appeal is allowed. (ii) The order dated 20.06.2025 passed by the Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in C.C.No.1155/2022, is set aside. (iii) The criminal case in C.C.No.1155/2022 shall be restored to its original file. (iv) The Appellant is directed to appear before the Trial Court without seeking any further notice from the said Court on 08.01.2026. - 4 - HC-KAR NC: 2025:KHC:50388 CRL.A No. 1921 of 2025 (v) The Trial Court is directed to proceed with the case in accordance with law. Registry is directed to send a copy of this order to the concerned Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE DL CT: JL