- 1 - HC-KAR NC: 2025:KHC:47635 CRL.A No. 2299 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2299 OF 2025 BETWEEN: M/S. RSM PHARMACEUTICALS PVT LTD. HAVING OFFICE AT NO.260/1/36/2C, 2ND FLOOR, NEAR METRO CASH AND CARRY, PATTANGERE, BENGALURU - 560059. REP. BY ITS AUTHORISED REPRESENTATIVE SRI. M.R THANDAVA MURTHY …APPELLANT (BY SRI. THANUSH S., ADVOCATE FOR SRI. ANAND MUTTALLI., ADVOCATE (PH)) AND: MR. SARAVANA S/O PANDURANGA R/A NO.29/7 3RD FLOOR, 13TH MAIN, BALAJINAGAR, MUNIVENKATAPPA LAYOUT, UTTARAHALLI POST, BENGALURU-560061. …RESPONDENT (V/O DT. 19.11.2025 NOTICE TO RESPONDENT IS D/W) THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNSS) PRAYING TO SET ASIDE THE JUDGEMENT OF ACQUITTAL DATED 25.09.2025 PASSED BY THE HONBLE 28TH Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47635 CRL.A No. 2299 of 2025 A.C.J.M AT BENGALURU IN C.C.NO.16291/2020 AND CONSEQUENTLY CONVICT THE ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I ACT AND REMAND THE CASE BACK TO THE TRIAL COURT FOR CONSIDERATION AND FINAL ADJUDICATION AND DISPOSAL OF THE CASE IN C.C.NO.16291/2020 AND ETC. 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 has preferred this appeal against the order dated 25.09.2025 passed by the learned XXVIII Additional Chief Judicial Magistrate, Bangalore, in C.C.No.16291/2020. 2. The appellant/complainant had filed a private complaint under Section 138 of Negotiable Instruments Act, 1881, and the same was registered in P.C.R.No.8181/2020. After taking cognizance, the Trial Court has registered a criminal case against the accused for the offence punishable under Section 138 of N. I. Act, in C.C.No.16291/2020. Thereafter, summons was issued - 3 - HC-KAR NC: 2025:KHC:47635 CRL.A No. 2299 of 2025 to the accused and the same was not executed and case was adjourned from time to time till 03.09.2025. 3. On 03.09.2025, the Trial Court has passed the following order: "Complainant and Counsel for the complainant absent. Issue show cause notice to Kengeri PS regarding non service and non returning of summons issued against accused. R/by : 25/09/2025." 4. On 25.09.2025, the Trial Court has passed the impugned order, which reads as under: "Complainant absent. Counsel for complainant present. Though summons was kept ready which was issued to accused through concerned PS by hand as per the request of counsel for complainant neither complainant nor counsel for complainant has collected the same. It seems that complainant is not interested to proceed with the case. Hence, complaint of the complainant is hereby dismissed for non prosecution." 5. A perusal of the entire order sheet makes it crystal clear that the Trial Court has issued show-cause - 4 - HC-KAR NC: 2025:KHC:47635 CRL.A No. 2299 of 2025 notice to the Kengeri Police regarding non-service and non-return of summons issued against the accused. When the Trial Court has issued the show cause notice, it is the duty of the court to receive explanation from the concerned police. Before submission of explanation, the Trial Court has passed the impugned order which is not sustainable under law. Apart from this, as on the date of passing the impugned order, the learned Counsel for the complainant was present. However, the Trial Court has dismissed the case for non-prosecution. Hence, I proceed to pass the following: ORDER. i) The appeal is allowed. ii) The impugned order dated 25.09.2025 passed by the learned XXVIII Additional Chief Judicial Magistrate, Bangalore, in C.C.No.16291/2020 is set aside. iii) The C.C.No.16291/2020 shall be restored to its original file. - 5 - HC-KAR NC: 2025:KHC:47635 CRL.A No. 2299 of 2025 iv) The complainant is directed to appear before the Trial Court on 09.12.2025 without seeking any further notice. v) The Trial Court shall take necessary steps to secure the accused in accordance with law. Registry is directed to send a copy of this order to the Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE DL CT: JL