- 1 - HC-KAR NC: 2025:KHC:43153 CRL.A No. 2157 of 2022 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. 2157 OF 2022 (A) BETWEEN: SRI B N SHIVALINGAIAH, S/O LINGAIAH, AGED ABOUT 54 YEARS, R/AT RAVALESHWARA NILAYA, A G COLONY BUS STOP, DEVARAHALLY GATE, MANDYA ROAD, K M DODDI (BHARATHINAGARA), C A KERE HOBLI, MADDUR TALUK, PIN-571 422. …APPELLANT (BY SRI. SANATH KUMARA K M., ADVOCATE) AND: SRI K T YOGESH, AGED ABOUT 34 YEARS, R/AT HERO HONDA SHOW ROOM, S M MOTORS, MADDUR- MALAVALLI MAIN ROAD, MELLAHALLI, C A KERE HOBLI, MADDUR-571 422. …RESPONDENT THIS CRL.A IS FILED U/S 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER OF DISMISSAL OF COMPLAINT IN C.C.NO.1632/2017 DATED 21.04.2022 PASSED BY THE IV ADDL.CIVIL JUDGE AND J.M.F.C AT MADDUR AND ETC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43153 CRL.A No. 2157 of 2022 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant has preferred this appeal against the order dated 21.04.2022 in C.C.No.1632/2017 passed by the IV Additional Civil Judge and JMFC, Maddur. 2. The complainant-appellant B.N.Shivalingaiah has filed a complaint under Section 138 of NI Act. The case was registered in PCR.No.325/2017. After sworn statement, cognizance was taken and case was registered in C.C.No.1632/2017. Summons was issued to the accused. The accused did not appear in response to summons. Thereafter, NBW was issued. Then the accused had appeared before the Trial Court on 28.06.2018 advancing the case from 19.07.2018. On that day, accused was present and NBW was recalled, bail application was allowed, accused was enlarged on bail. Subsequently, on 19.07.2018, the complainant was present, accused remained absent. NBW was issued - 3 - HC-KAR NC: 2025:KHC:43153 CRL.A No. 2157 of 2022 against the accused from time-to-time till 21.04.2022. On that day, the Trial Court had passed an order which reads as under: "Complainant and his Counsel absent. No representation. Steps were of being taken against the Accused. Complainant was directed to be present on 21.03.2022, 07.04.2022 and 21.04.2022, U/Sec.256 of Cr.P.C., But Complainant and his counsel have remained absent. No representation. There are no justifiable grounds to defer acting U/Sec 256 of Cr.P.C . Accused is acquitted and complaint is dismissed." 3. On perusal of the entire order sheet dated 19.07.2018 till 01.02.2022, it appears that the Trial Court has mechanically passed the order as to re-issue NBW. Once the NBW is issued by the Court, it is the duty of the Court to see whether the NBW is executed or not. Without following due procedure, the Trial Court has mechanically dismissed the complaint, without assigning any proper reasons. Hence, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:43153 CRL.A No. 2157 of 2022 O R D E R (i) The Criminal Appeal is allowed. (ii) The impugned order dated 21.04.2022 in C.C.No.1632/2017 passed by the IV Additional Civil Judge and JMFC, Maddur, is set aside. (iii) C.C.No.1632/2017 shall be restored to file. (iv) The complainant/appellant is directed to appear before the Trial Court on 01.12.2025 without seeking any further notice from the Trial Court. (v) The complainant/appellant is directed to take necessary steps to secure the accused. Thereafter, the Trial Court shall proceed with the case in accordance with law. (vi) The Registry is directed to send a copy of this order to the Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 16