- 1 - HC-KAR NC: 2025:KHC:42170 CRL.A No. 421 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 421 OF 2025 (A) BETWEEN: SRI.T.N.KALEGOWDA, S/O LATE SRINEELAPPA, AGED ABOUT 73 YEARS, R/O NO.39, 'G' BLOCK, RAMAKRISHNANAGAR, MYSURU, MYSURU-570022. …APPELLANT (BY SRI SIDDANOORU VISHWANATHA, ADVOCATE) AND: SRI THIMMAPPA, S/O NOT KNOWN, AGED ABOUT 63 YEARS, KANNADA TEACHER, AL-AMEEN HIGH SCHOOL, HULIYUR ROAD,ARASIKERE, HASSAN DISTRICT-573103, ALSO AT: DASANAHAKATTE RAMAGIRI POST, HOLALKERE TALUK, CHITRASDURGA DISTRICT, CHITRADURGA -577539. …RESPONDENT (V/O/DT 24.10.2025 - NOTICE TO RESPONDENT IS DISPENSED WITH) 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 HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF DISMISSAL DATED 19.07.2024 AND CONSEQUENTLY ALLOW THE APPEAL IN C.C.NO.524/2017 Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42170 CRL.A No. 421 of 2025 ON THE FILE OF THE V ADDL.CIVIL JUDGE AND J.M.F.C MYSURU. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Heard the learned counsel for the parties. 2. Appellant/complainant has preferred this appeal against the order dated 19th July, 2024 passed in C.C. No.524 of 2017 by the V Additional Civil Judge and JMFC, Mysuru. The impure order passed by the trial court reads as under: "Case called out. Complainant absent. Since long time complainant remained absent. Proper steps not taken. To take steps kept by. Sd/- V Addl.Civil Judge & JMFC Case called at 5.02 pm. Complainant absent. No representation to complainant. Perused the order sheet. Since long time the complainant remained absent. Sufficient time given to the complainant to take steps against accused. He has not taken coercive steps to secure the presence of the - 3 - HC-KAR NC: 2025:KHC:42170 CRL.A No. 421 of 2025 accused. Inspite of sufficient opportunity, complainant and his counsel has failed to appear before this court showing any reason for his non-appearance to take steps against accused. As sucyh it has to be inferred that the complainant is not evincing any interest in prosecuting the matter. Hence, no grounds found to give further time. Conduct of the complainant shows that he is not interested in this case. This case is of the year 2017 and the case is pending for taking steps since long time. As such if the case went on in the same stage, it would amount to abuse of process of law. Hence, this case is hereby dismissed for non-prosecution. " 3. A perusal of the order sheet reveals that the complainant has filed complaint under section 138 of Negotiable Instruments Act, 1881. The court has taken cognizance against the accused for the offence punishable under section 138 of Negotiable Instruments Act and the case was registered in CC No.524 of 2017 and summons was issued to the accused and the case was posted on 09th March 2017. On that day summons was not returned. Hence court has passed the order to re-issue summons to the accused through RPAD. The complainant has furnished PF and RPAD and the same was not returned. Then the case was being adjourned from time to time, awaiting for RPAD. RPAD had not returned. On 22nd January 2020, the - 4 - HC-KAR NC: 2025:KHC:42170 CRL.A No. 421 of 2025 complainant has paid process fee. Then the court has passed the order to issue summons to the accused by hand. Whether the summons is received by the complainant or not has not been shown in the order sheet. On 05th February, 2022, as per the SOP issued by this court dated 14th January, 2022, the case was adjourned due to COVID-19. Thereafter, several adjustments were granted by the trial court. On 27th February 2023, summons was served to the accused. However, the accused remained absent and NBW was issued against the accused. 4. It is submitted by the learned counsel for the appellant and that on the date of hearing, the Counsel for the complainant was not keeping well, and for that bonafide reason, process fee was not paid. Considering the submission made by the complainant, I proceed to pass the following: O R D E R i) Appeal is allowed; ii) Order dated 19th July, 2024 passed in CC No.524 of 2017 by the V Additional Civil Judge - 5 - HC-KAR NC: 2025:KHC:42170 CRL.A No. 421 of 2025 and JMFC, Mysuru, is set aside and CC No.524 of 2017 shall be restored to file; iii) Complainant is directed to appear before the trial court on 27th November 2025, without waiting for any further notice from the trial court; iv) Complainant is directed to take necessary steps to issue NBW to the accused; v) Registry is directed to send a copy of this order to the trial court for taking necessary steps. Sd/- (G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 48