- 1 - HC-KAR NC: 2025:KHC:47406 CRL.A No. 173 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 173 OF 2024 (A) BETWEEN: 1. SRI. S. GANESHAN S/O SHANKARAPPA AGED ABOUT 64 YEARS R/A NO.4 THIRUPALAYA, HEBBUGODI BOMMASANDRA POST, ANEKAL TALUK BENGALURU – 560 099. …APPELLANT (BY SRI. BHASKAR BABU H J, ADVOCATE) AND: 1. SRI K VENGATARAMAN @ MANI S/O SRI. KRISHNASWAMY AGED ABOUT 40 YEARS C/O. “ZEDU INVESTMENTS” BUSINESS NO.4/438 Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47406 CRL.A No. 173 of 2024 R/AT NO 7, 1ST FLOOR ’KALPASHREE’, 2ND MAIN MUNEDRA NAGARA, BAGALURU MAIN ROAD, HOSUR KRISHNAGIRI DISTRICT, TAMIL NADU HOSUR – 635 109. …RESPONDENT (V/O DATED 18/11/2025 NOTICE TO RESPONDENT IS DISPENSED WITH) --- THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE THE ORDER DATED 27.07.2022 PASSED BY THE COURT OF XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGLAURU IN C.C.NO.11568/2018, DISMISSING THE CASE FOR NON PROSECUTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2025:KHC:47406 CRL.A No. 173 of 2024 ORAL JUDGMENT 1. The appellant/complainant has preferred this appeal against the order dated 27.07.2022 in C.C No.11568/2018 passed by the learned XVI Additional Chief Metropolitan Magistrate at Bengaluru that the trial Court had dismissed the complaint for non-prosecution. 2. The appellant/complainant has filed a complaint under Section 200 of Cr.P.C r/w Section 138 of N.I Act. The case was registered in PCR No.6008/2018. After taking cognizance, the case was registered in C.C No.11568/2018. Summons was issued to the accused through RPAD. The accused remained absent. Hence, NBW was issued but the same was not returned. Before appearance of the accused, the order sheet reveals that though the accused has not appeared, the trial Court has blindly referred the matter to Lok Adalat for three times. Thereafter, the Court has passed the order on 27.07.2022, which reads as under: “Case called out. Complaint absent. Accused absent. No representation. Hence, call on 27.07.2022. - 4 - HC-KAR NC: 2025:KHC:47406 CRL.A No. 173 of 2024 Again case called out. Complainant absent. No representation. Hence, call on 27.07.2022 Again case called out. Complainant absent. No representation. Hence, call on 27.07.2022. Again case called out at 04.15 p.m. Then, the Court has passed the following order: “Complainant called out, absent. No representation for complainant. Perused the records. There are more than 27 dates of hearing running around for more than 4 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. Inspite of case being referred to Lok adalath for settlement for more than 3 times, 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.” 3. Though, the complainant has paid the process fee to issue NBW to the accused, the Court has dismissed the case for non-prosecution, which is not correct. When the NBW is issued by the Court, it is the duty of the Court to - 5 - HC-KAR NC: 2025:KHC:47406 CRL.A No. 173 of 2024 see that whether NBW is executed or not. Without application of mind, mechanically the Court has passed the impugned order which is not sustainable under law. 4. Hence, I proceed to pass the following: ORDER i) Appeal is allowed. ii) The impugned order passed learned XVI Additional Chief Metropolitan Magistrate at Bengaluru dated 27.07.2022 in C.C No.11568/2018, is set aside. iii) The C.C No.11568/2018 on the file of XVI Additional Chief Metropolitan Magistrate at Bengaluru shall be restored. iv) The complainant is directed to appear before the trial Court without seeking any further notice on 09.12.2025. v) The Registry is directed to send the copy of this order to trial Court to proceed with the case in accordance with law. Sd/- (G BASAVARAJA) JUDGE UN, List No.: 1 Sl No.: 5