- 1 - HC-KAR NC: 2025:KHC:40271 CRL.A No. 768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.768 OF 2025 BETWEEN: SMT N SHANTHA W/O C.RANGASWAMY AGED ABOUT 56 YEARS, R/AT NO.28, 1 CROSS, NEAR KRISHNA TEMPLE, DODDABOMMASANDRA, VIDYARANYAPURA POST, BANGALORE-560 097. …APPELLANT (BY SRI. MANJUNATH B R., ADVOCATE) AND: SMT CHENNAMMA W/O R. JAYARAM AGED ABOUT 54 YEARS, R/AT NO.01, 1ST FLOOR, SLV SOWMYA SHREE RESIDENCY, OPP. TO GARUDA ROYAL, SHARDA NAGAR, BANGALORE-560 013. AND ALSO AT DURGAMBA TENT HOUSE, NO.527, 2ND MAIN, 2ND CROSS, NEAR SAI TEMPLE, MUTHYALANAGAR, MES ROAD, BANGALORE - 560 054. …RESPONDENT (RESPONDENT SERVED & UNREPRESENTED) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40271 CRL.A No. 768 of 2025 THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 26.11.2024 PASSED BY THE 12TH A.C.J.M COURT AT BENGALURU IN C.C.NO.27495/2022 REGISTERED FOR THE OFFENCES P/U/S 138 OF N.I ACT DIRECT THE 12TH A.C.M.M COURT AT BENGALURU TO RESTORE THE COMPLAINT TO ITS ORIGINAL STAGE 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 I have heard the learned counsel for the appellant and perused the materials placed on record. 2. The appellant/complainant has preferred this appeal against the order passed by the 12th Addl.Chief Judicial Magistrate, Bangalore dated 26.11.2024 in C.C.No.27495/2022 as the Trial Court has dismissed the complaint for non-prosecution. 3. The impugned order reads as under: "Complainant is absent. No representation. Case once again called at 3.10 p.m. No representation. Hand summons issued by this court is not received by the complainant. For steps finally and last chance, by 26.11.2024. - 3 - HC-KAR NC: 2025:KHC:40271 CRL.A No. 768 of 2025 Complainant is absent. No representation. Case once again called at 1.45 p.m. No representation. Case once again called at 4.00 p.m. No representation. From the order sheet it goes to show that, there is no representation for the Complainant from the beginning of this case. In spite of giving sufficient opportunity till date there is no representation for the Complainant. It appears that, the complainant is not interested in proceeding with this case. Hence complaint is dismissed for Non prosecution." 4. Learned counsel for the appellant would submit that the appellant could not appear before the trial court on 26.11.2024, and was held up at Raichur as her daughter-in-law delivered the baby and had been to her son's place in order to nourish the child and to take care her daughter-in-law. Hence, the appellant could not be personally present on the date of hearing. Learned counsel for the appellant was taking effective steps in order to bring the respondent before the court below. On all the - 4 - HC-KAR NC: 2025:KHC:40271 CRL.A No. 768 of 2025 occasions, the appellant had taken coercive steps to secure the respondent. However, the trial court has dismissed the complaint. 5. Despite service of notice, respondent remained absent and unrepresented. Hence, accepting the reasons assigned by the learned counsel for the appellant, I proceed to pass the following; ORDER (i) The appeal is allowed. (ii) The order passed by the 12th Addl. Chief Judicial Magistrate, Bangalore dated 26.11.2024, is hereby set aside. (iii) The matter is remitted back to the trial court to provide an opportunity to the complainant to take necessary steps against the accused. Thereafter, the trial court shall proceed with the case in accordance with law. Accordingly, C.C.No.27495/2022 on the file of 12th Addl. Chief Judicial Magistrate, is restored. - 5 - HC-KAR NC: 2025:KHC:40271 CRL.A No. 768 of 2025 (iv) The complainant shall appear before the trial court on 04.11.2025, without seeking any notice from the trial court. 5. Registry is directed to send a copy of this order along with trial court records to the concerned court. Sd/- (G BASAVARAJA) JUDGE KLY