- 1 - HC-KAR NC: 2025:KHC:43518 CRL.A No. 195 of 2025 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. 195 OF 2025 (A) BETWEEN: 1. SMT.ARUNA RAO W/O NAVEEN S, AGED ABOUT 40 YEARS, FLAT NO.204, 2ND FLOOR, MARS MOUNT APARTMENT, NEAR TATA PROMONT, HOSAKEREHALLI, BANGALORE 560085. …APPELLANT (BY SRI. HANUMANTHA RAJU, ADV. FOR SMT.MEENAKSHI K. ADVOCATE) AND: 1. M/S NAMMA WELLNESS #68/128, GROUND FLOOR, 2ND MAIN, REDDY LAYOUT, NEXT TO PRAMOD LAYOUT, PANTARAPALYA, BANGALORE- 560039 REP BY, ITS MANAGING DIRECTORS 2. SRI. SANJEEVAKUMAR.R.S S/O HULIRAJA RAO, AGED ABOUT 33 YEARS NAMMA WELLNESS #68/128, GROUND FLOOR, 2ND MAIN, REDDY LAYOUT, NEXT TO PRAMOD LAYOUT, PANTARAPALYA, BANGALORE- 560039 Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43518 CRL.A No. 195 of 2025 3. SMT. SAHANA.K W/O SANJEEV KUMAR AGED ABOUT 30 YEARS, NO. G024, MARS MOUNT APARTMENT, SAPTHAGIRI LAYOUT, HOSAKEREHALLI, BANGALORE- 560085. …RESPONDENTS V/O DATED 29.10.2025 NOTICE TO RESPONDENTS IS DISPENSED WITH. THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNSS) PRAYING TO SET ASIDE THE ORDER DATED 21.12.2024 PASSED BY THE XVI ADDL.C.J.M IN CC NO.21662/2022 BENGALURU BY ALLOWING THIS CRL.A. 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/complainant has preferred this appeal against the order of dismissal for non-prosecution by the XVI Addl. CJM, Bengaluru City in C.C No.21662/2022. 2. The complaint/appellant has filed the complainant under Section 138 of Negotiable Instruments - 3 - HC-KAR NC: 2025:KHC:43518 CRL.A No. 195 of 2025 Act. Same was registered in PCR No. 5628/2022. After taking cognizance, the case was registered in C.C No.21662/2022 and summons was issued to the accused for two times, but summons was not served. That on 19.01.2023 the trial court has passed an order to refer the case to Lok-adalath and case was posted on 11.02.2023. The case was not settled before the Lok-adalath. Hence, case was returned to the Court and the date was fixed on 20.04.2023. The order sheet reveals that from 11.02.2023 till 29.10.2024 the Court has passed the order for re-issue summons to the accused. The order sheet reveals that P.F. is not paid only for that purpose the trial Court has passed the impugned order on 21.12.2024 which reads as under: Complainant and Advocate for complainant absent. Despite of giving sufficient time, no proper steps taken to secure the accused. Hence complaint is dismissed for non prosecution. - 4 - HC-KAR NC: 2025:KHC:43518 CRL.A No. 195 of 2025 3. It is submitted by the appellate counsel that on the date of dismissal order, the learned counsel for the complainant was engaged in another Court. Hence, he could not appear before the Court and same is bonafide and not an intentional one. Accepting the submission made by the complaint and considering the facts and circumstances of this case, it is just and proper to provide one more opportunity to the complainant to take necessary steps to secure the accused. Hence, I proceed to pass the following: ORDER i) Appeal is allowed. ii) The impugned order passed by the XVI Addl. CJM, Bengaluru City dated 21.12.2024 in C.C No.21662/2022 is set aside; iii) C.C No.21662/2022 shall be restored; iv) The complainant is directed to appear before the trial Court without seeking any further notice on 01.12.2025; - 5 - HC-KAR NC: 2025:KHC:43518 CRL.A No. 195 of 2025 v) Complainant is directed to take necessary steps to secure the accused. Thereafter the trial Court shall proceed with the case in accordance with law. vi) Registry is directed to send a copy of this order to the trial Court to take necessary action. Sd/- (G BASAVARAJA) JUDGE KBM List No.: 1 Sl No.: 53