- 1 - HC-KAR NC: 2025:KHC:45113 CRL.A No. 697 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 697 OF 2024 (A) BETWEEN: SRI M GOUTAMCHAND S/O SRI MOTILAL AGED ABOUT 65 YEARS R/AT NO.41,N.K. PALYA 1ST CROSS, A STREET SHIVAJINAGAR, BENGALURU-560 051 …APPELLANT (BY SRI.MADURAJA, ADVOCATE FOR SRI. RENY SEBASTIAN., ADVOCATE) AND: SRI SRIDHAR STAFF TRAINING COLLEGE FACULTY DEPARTMENT 11TH A LANE, PRABHAT ROAD PUNE 411 004. …RESPONDENT (V/O DATED: 07.11.2025 NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRIMINAL APPEAL IS FILED UNDER SECTION.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 21.01.2017 PASSED BY THE XXI ACMM, BANGALORE IN C.C.NO.11842/2016 DISMISSING THE COMPLAINT OF THE PETITIONER FOR NON-PROSECUTION AND TO RESTORE THE SAME. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45113 CRL.A No. 697 of 2024 THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant/complainant has preferred this appeal against the impugned order of dismissal of the complaint for non-prosecution dated 21.01.2017 in C.C.No.11842/2016 on the file of the XXI ACMM, Bangalore. 2. The brief facts leading to this appeal is that the complainant/appellant had filed a private complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 before the Trial Court. The case was registered in PCR No.3944/2016. After sworn statement, the case was registered against the accused for the offence punishable under Section 138 of N.I. Act in C.C.No.11842/2016 and summons was issued to the accused. Accused had refused the summons. Hence, the service was held sufficient. Then, a Non-Bailable Warrant (NBW) was issued to the - 3 - HC-KAR NC: 2025:KHC:45113 CRL.A No. 697 of 2024 accused. NBW was not returned. Thereafter, the case was posted from time to time till 21.01.2017. That, on 21.01.2017, the trial Court has passed an order as ‘complainant absent, kept by’ and again it has passed an order as under: “Called on again at 5.30 pm. Steps not taken inspite of sufficient opportunity given. Hence the complaint is dismissed for non- prosecution.”. 3. A perusal of the order sheet dated 08.07.2016, 27.07.2016, 02.09.2016, 19.09.2016, the complainant has paid the process fee. Though, the complainant has taken steps for issuance of NBW from time to time, the Trial Court has ignored the same and mechanically passed the order. Once, the NBW is issued against the accused, it is the duty of the Court to see that whether NBW is executed or not. If the NBW is not executed, the Court has to call for a report from the concerned Police. Thereafter, the - 4 - HC-KAR NC: 2025:KHC:45113 CRL.A No. 697 of 2024 Court has to pass suitable orders. Instead of that, in the case on hand, though the complainant has taken steps, the Trial Court has blindly passed an order that complainant has not taken steps, which is apparently illegal, perverse and not sustainable in law. 4. Accordingly, I proceed to pass the following order. ORDER a) The appeal is allowed. b) The order passed by the XXI ACMM, Bangalore in C.C.No.11842/2016 dated 21.01.2017 is set aside and C.C.No.11842/2016 shall be restored. c) The complainant/appellant is directed to appear before the Trial Court without seeking any further notice on 03.12.2025. - 5 - HC-KAR NC: 2025:KHC:45113 CRL.A No. 697 of 2024 d) The Trial Court is directed to take necessary steps to secure the accused, in accordance with law. e) It is made clear that the Trial Court shall not insist for payment of process fee as the complainant has already paid the process fee on several times. f) Registry is directed to send the copy of this order to the Trial Court for taking necessary steps and to proceed with the case, in accordance with law. Sd/- (G BASAVARAJA) JUDGE DM List No.: 1 Sl No.: 1