- 1 - HC-KAR NC: 2025:KHC:41810 CRL.A No. 2063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2063 OF 2025 (A) BETWEEN: MALLIKARJUNA Y.B., S/O. VISHWA, AGED ABOUT 40 YEARS, R/AT MAGALU VILLAGE, YASALURU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573 137. …APPELLANT (BY SRI. VIJAY KUMAR T.,ADVOCATE) AND: SIDHEEQUE. K., S/O. HAMSA, AGED ABOUT 32 YEARS, R/AT KALLADATTH HOUSE, MANDAD POST, VYTHIRY TALUK, WAYNAD DISTRICT, KERALA STATE-673 122. …RESPONDENT (V/O DATED 23.10.2025, NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC (FILED U/S 419(4) BNSS) PRAYING TO SET Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41810 CRL.A No. 2063 of 2025 ASIDE THE ORDER DATED 11.07.2024 PASSED BY THE CIVIL JUDGE AND J.M.F.C SAKALESHPURA IN C.C.NO.599/2023 AND CONSEQUENTLY RESTORE THE CASE IN C.C.NO.599/2023 TO ITS ORIGINAL STAGE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The Appellant/Complainant has preferred this appeal against the order dated 11.07.2024 passed by the Civil Judge and JMFC, Sakaleshpura. The order impugned, reads as under: “No representation. Case again called out at 3.00 PM. The complainant and his counsel are absent. No representation. Sufficient opportunity already given to complainant to take steps against the accused. It is show that the complainant has no interest to proceed with the case. No grounds to adjourn the case. - 3 - HC-KAR NC: 2025:KHC:41810 CRL.A No. 2063 of 2025 Hence complaint is dismissed for default or non-prosecution.” 2. On perusal of the material placed before this Court, it is crystal clear that the complainant has filed the complaint under Section 138 of NI Act and after taking cognizance, case was registered in CC.No.599/2023 and summons was issued to the accused. The summons returned with shara “accused has refused to receive the summons”. Then NBW was issued to the accused on 17.07.2023. The order sheet further reveals that, the Trial Court had re-issued NBW to accused on 17.08.2023, 15.11.2023, 19.01.2024 and on 26.03.2024. The order sheet does not reveal as to whether the NBW re-issued to the accused returned to the Court or not. Court has not passed any order in this regard. However, all of a sudden, the Trial Court has posted the case for steps without assigning any reasons. When the Court has issued NBW to the accused through concerned Police, it is the duty of the Trial Court to see whether NBW is executed or not. Without passing any order as to execution of NBW issued - 4 - HC-KAR NC: 2025:KHC:41810 CRL.A No. 2063 of 2025 on several times, the Trial Court has mechanically dismissed the case without assigning proper reasons. Therefore, the impugned order passed by the Trial Court is illegal and not sustainable under law. Hence, I proceed to pass the following: O R D E R i. The appeal is allowed. ii. The impugned order dated 11.07.2024 in CC.No.599/2023 passed by the Civil Judge and JMFC, Sakaleshpura, is set aside. iii. The CC.No.599/2023 on the file of the Civil Judge and JMFC, Sakaleshpura, shall be restored to file. iv. The Complainant/Appellant is directed to appear before the Trial Court on 27.11.2025 without seeking any further notice from the Trial Court. v. The Trial Court shall proceed with the case in accordance with law. - 5 - HC-KAR NC: 2025:KHC:41810 CRL.A No. 2063 of 2025 vi. The Registry is directed to send copy of this order to the Trial Court for taking necessary steps. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 71