- 1 - HC-KAR NC: 2025:KHC:43148 CRL.A No. 258 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 258 OF 2023 (A) BETWEEN: SRI SAI BEVERAGES, NO. 3265, OPP. BHARATH RICE MILL, HAROHALLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT -562 112, REPRESENTED BY ITS PROPRIETRIX, SMT. HEMAVATHI SURESH, W/O SURESH K L, AGED ABOUT 60 YEARS, RESIDING AT NO.72, 4TH CROSS, BCC LAYOUT, ATTIGUPPE, VIJAYANAGARA, BANGALORE-560 040, REPRESENTED BY HER GPA HOLDER, SRI. S. ADARSH, S/O SURSH K. L., AGED ABOUT 33 YEARS, RESIDING AT NO.72, 4TH CROSS, BCC LAYOUT, ATTIGUPPE, VIJAYANAGARA, BANGALORE-560 040. …APPELLANT (BY SRI. B. C. VENKATESH., ADVOCATE) AND: SRI MANJUNATHA PETS, REPRESENTED BY ITS PROPRIETOR, SRI KIRAN KUMAR B N, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43148 CRL.A No. 258 of 2023 BELASINDHA VILLAGE, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 131. …RESPONDENT (V/O DTD:29.10.2025 NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.09.2022 PASSED BY THE LEARNED XVI ACMM, BANGALORE IN C.C.NO.3095/2019 AND FURTHER DIRECT THE LEARNED MAGISTRATE TO RESTORE THE COMPLAINT AND ENABLE THE PETITIONER TO PROVE THE GUILTY OF THE RESPONDENT BEYONG ALL REASONABLE DOUBT. 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 has preferred this appeal against the order dated 05.09.2022 in C.C.No.3095/2019 passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru. 2. A perusal of the certified copy of the order sheet pertaining to C.C.No.3095/2019, reveals that the complainant/appellant has filed complaint under Section 138 of NI Act. Case was registered in PCR.No.1506/2019. - 3 - HC-KAR NC: 2025:KHC:43148 CRL.A No. 258 of 2023 Thereafter cognizance was taken by the Trial Court and case was registered in C.C.No.3095/2019. 3. After registration of this case, the Trial Court has passed an order on 06.03.2019 that, in view of Mega Lok Adalath to be held on 09.03.2019, this case was Suo-Moto referred to the Lok Adalath and Court notice was issued to both parties to appear before the Lok Adalath on 09.03.2019. On that day, notice was returned 'unserved'. Parties remained absent, no representation and case was returned back to the regular Court. On the date of hearing, the case was posted to 01.04.2019 as the regular date was given by the Court. On that day, it is noted in the order sheet that summons was issued to the accused through RPAD and same was not returned. Thereafter, the case was posted from time-to-time till 05.09.2022. On 05.09.2022, the Court has passed an order, which reads as under: "Complainant and Accused absent. No representation on both sides. - 4 - HC-KAR NC: 2025:KHC:43148 CRL.A No. 258 of 2023 Hence call again. Again case called at 2.45 pm. Complainant absent. No representation. Hence call again. Again case called out, at 4.45 Р.М. Complainant called out, absent. No representation for complainant. Perused the records. There are more than 28 dates of hearing running around for more than 3 years for steps and also for service of summons and execution of NBW and to furnish the process fee. But the complainant continuously remained absent. Inspite of sufficient opportunity were given, the complainant continuously remained absent and failed to take steps, Inspite of order, process also not paid continuously for several dates of hearing. The complainant also failed to appear before Lok Adalath for more than 3 times inspite of issuance of notice. No doubt it is true that the case should not be dismissed either for default or for non prosecution. But on the other hand, the case has to be decided on merits and the real controversy between the parties has be adjudicated finally and effectively. But in this case, the complainant continuously remained absent. This shows that, the complainant is not interested in prosecuting this case. Hence this court' has no option, but to dismiss the complaint for non prosecution. Hence, complaint is dismissed for non prosecution." - 5 - HC-KAR NC: 2025:KHC:43148 CRL.A No. 258 of 2023 4. On perusal of the order sheet dated 05.03.2021, the case was referred to Lok Adalath before the appearance of the accused and matter was not settled as the accused remained absent. Again on 25.03.2022, the case was referred to Lok Adalath and matter was not settled, accused had not appeared. When the complainant and accused have not appeared in response to the court notice issued by the Court to appear before the Mega Lok Adalath and other Lok Adalaths, it is the duty of the Court to secure the accused by issuing NBW. It is also noticed that, though the complainant has paid PF, the Trial Court has wrongly observed that PF was not paid which is also not correct. It is noted in the order sheet dated 01.04.2019 that RPAD not returned. However Court has not taken any steps to see that why the RPAD not returned. Concerned Case Worker also not noted anything in this regard. Hence, the impugned order is illegal and not sustainable under law. Accordingly, I proceed to pass the following: - 6 - HC-KAR NC: 2025:KHC:43148 CRL.A No. 258 of 2023 O R D E R (i) The Criminal Appeal is allowed. (ii) The order dated 05.09.2022 in C.C.No.3095/2019 passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru, is set aside. (iii) C.C.No.3095/2019 is restored to file. (iv) The complainant/appellant is directed to appear before the Trial Court on 01.12.2025 without seeking any further notice from the Trial Court. (v) The complainant/appellant is directed to take necessary steps to secure the accused. Thereafter, the Trial Court shall proceed with the case in accordance with law. (vi) The Registry is directed to send a copy of this order to the Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 18