- 1 - HC-KAR NC: 2025:KHC:40107 CRL.P No. 11949 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11949 OF 2025 BETWEEN: M/S. SOUKYA INDIAN HOLISTIC HEALTH CENTRE PVT LTD., SOUKYA ROAD, SAMETHNAHALLI, WHITE FIELD, BENGALURU - 560 067 REPTD. BY ITS EXECUTIVE DIRECTOR DR. SUJA ISSAC …PETITIONER (BY SRI. A.G. NAGARAJA, ADVOCATE) AND: SMT. CHITRA KRISHNAN W/O RAVI KRISHNAN, AGED ABOUT 50 YEARS, NO.244, 1ST FLOOR, ROYAL GARDENIA R.S. DEVELOPERS, OPP. SKF INDIA LTD., HOSUR MAIN ROAD, BOMMASANDRA, BENGALURU - 560 099. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.07.2025 PASSED IN CC.NO.8540/2023 BY THE HONBLE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:40107 CRL.P No. 11949 of 2025 COURT OF THE ADDL. CJM, BENGALURU RURAL DISTRICT AT BENGALURU PRODUCED AT ANNEXURE-A AND RESTORE THE COMPLAINT TO THE ORIGINAL POSITION AND PERMIT THE PETITIONER TO TAKE STEPS AGAINST THE ACCUSED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The order dated 19.07.2025 passed by the Court of Additional Chief Judicial Magistrate, Bangalore Rural District at Bangalore in C.C.No.8540/2023, dismissing the complaint for non-prosecution, is assailed in this petition. 2. Petitioner is the complainant before the trial court. He filed the complaint against the respondent/ accused alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of IPC in relation to dishonour of four cheques allegedly issued by the accused for a total sum of `5,95,307/-. The - 3 - HC-KAR NC: 2025:KHC:40107 CRL.P No. 11949 of 2025 learned Magistrate was pleased to register the case and issue summons to the accused. Subsequently, on 19.07.2025, since the complainant and his counsel remained absent, proceeded to dismiss the complaint for non-prosecution. 3. In the impugned order it is mentioned that the complainant and his counsel were absent before the court for several hearing dates. However, it is contented by the learned counsel for the petitioner that the case was ordered to be transferred from the Additional Chief Judicial Magistrate, Bangalore Rural District, to the Court of Civil Judge and JMFC Krishnarajapuram, but the case was listed before the court originally pending and the impugned order was passed. 4. A perusal of the order sheet dated 03.04.2025 do reveal that as per notification of the Learned Principal District and Sessions Judge, Bangalore Rural District, Bangalore dated 27.03.2025, the case was transferred to - 4 - HC-KAR NC: 2025:KHC:40107 CRL.P No. 11949 of 2025 the court of Civil Judge & JMFC, K.R.Puram. Thereafter, on 19.07.2025, the case was listed before the very same court, where the complaint was filed and the matter came to be dismissed for non-constitution. 5. It appears that the non-appearance of the petitioner or his counsel was bonafide and not intentional and therefore, an opportunity can be given to the petitioner to prosecute his complaint to meet the ends of justice. 6. Accordingly, the following: ORDER (i) The Order dated 19.07.2025 passed by the Court of Additional Chief Judicial Magistrate, Bangalore Rural District at Bangalore in C.C.No. 8540/2023, dismissing the complaint for non-prosecution, is hereby set-aside. (ii) The complaint shall be restored to its file and the learned Magistrate shall proceed further in accordance with law. - 5 - HC-KAR NC: 2025:KHC:40107 CRL.P No. 11949 of 2025 (iii) Petitioner shall appear before the trial court on or before 30.10.2025, without any further notice. Sd/- (MOHAMMAD NAWAZ) JUDGE YN List No.: 1 Sl No.: 26 CT: BHK