- 1 - HC-KAR NC: 2025:KHC:28725 CRL.A No. 1411 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1411 OF 2025 (A) BETWEEN: AYAZ ALI S/O H.K MOHAMMED AGED ABOUT 33 YEARS BIDARAHALLI VILLAGE AND POST KASABA HOBLI, MUDIGERE TALUK CHIKAMAGALUR DISTRICT- 577 132 …APPELLANT (BY SRI. VISHNU SHARMA B V., ADVOCATE) AND: MOHAMMED BASHEER S/O HASEENAR AGED ABOUT 45 YEARS R/AT UMMIKALA HOUSE BALLARY POST, SULYA TALUK MANGALORE DISTRICT-574 239 …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.10.2019 IN CC.NO.202 OF 2019 ON THE FILE OF THE COURT OF SR.CIVIL JUDGE AND JMFC, MUDIGERE AND CONSEQUENTLY RESTORE THE COMPLAINT IN CC.NO.202 OF 2019 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND JMFC, MUDIGERE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28725 CRL.A No. 1411 of 2025 ORAL JUDGMENT This appeal is filed by the appellant being aggrieved by the impugned order dated 30.10.2019 passed in C.C.No.202/2019 on the file of the Senior Civil Judge and J.M.F.C., Mudigere, seeking to set aside the impugned order. 2. It is the submission of learned counsel for the appellant that a complaint was filed on 19.02.2018 and the matter was settled down for sworn statement on 28.03.2018. After recording the sworn statement, a Criminal Case was registered and the matter was posted for the appearance of accused for taking steps on 06.06.2018. 3. Thereafter, on 06.06.2018, the case was adjourned to 04.07.2018. On 04.07.2018, an endorsement was issued stating that the summons was not claimed. Therefore, the trial Court issued N.B.W to the accused. The N.B.W was not executed on several occasions. 4. On 24.01.2019, the proceedings was transferred from the Court of Principal Civil Judge and J.M.F.C., Mudigere, to the Court of Senior Civil Judge and J.M.F.C., Mudigere. Thereafter, the complainant was not aware about the transfer of case. - 3 - HC-KAR NC: 2025:KHC:28725 CRL.A No. 1411 of 2025 In the meantime, the N.B.W was not executed even on several occasions, though, necessary steps was taken by the complainant. However, on 30.10.2019, the complaint came to be dismissed. Hence, the said order may be set aside. Making such submissions the learned counsel for the appellant prays to allow the appeal. 5. Having considered the submissions of learned counsel for the appellant and also perused the order sheet made available along with the appeal, I am of the considered opinion that, the said submissions made by learned counsel for the appellant is appropriate and correct and the absence of the complainant appears to be bonafide and was not intentional. Hence, I proceed to pass the following : ORDER i. The Criminal Appeal is allowed. ii. The order dated 30.10.2019 passed in C.C.No.202/2019 on the file of Senior Civil Judge and J.M.F.C., Mudigere, is hereby, set aside. - 4 - HC-KAR NC: 2025:KHC:28725 CRL.A No. 1411 of 2025 iii. The Registry of the Trial Court is directed to restore the file and place before the appropriate Court. iv. The Trial Court is directed to issue notice to the complainant and proceed with the stage from were it was stopped. Sd/- (S RACHAIAH) JUDGE NM List No.: 1 Sl No.: 3