- 1 - HC-KAR NC: 2025:KHC:42350 CRL.A No. 1682 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1682 OF 2024 (A) BETWEEN: SRI DHANANJAY, AGED ABOUT 38 YEARS, S/O SURAPPA POOJARY, BUSINESSMAN, RESIDENT OF NO.3/104, PADUDADDI HOUSE, KIDIYOOR POST, UDUPI TALUK, AND DISTRICT - 576148. …APPELLANT (BY SRI SHIVA PRASAD NAYAK, ADVOCATE) AND: SRI. SHASHIKANTH SHETTY, S/O SADASHIVA SHETTY, AGED ABOUT 49 YEARS, RESIDING AT "SRI GANESH PRASAD", R P NAGAR INDRALI, UDUPI TALUK AND DISTRICT - 576104. …RESPONDENT (V/O/DT 25.10.2025 - NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO SET ASIDE THE ORDER DATED 25.11.2023 IN C.C.NO.1161/2019 PENDING IN THE FILE OF PRL. CIVIL JUDGE AND JMFC AT UDUPI FOR THE OFFENCE P/U/S 138 OF N.I. ACT, CONSEQUENTLY RESTORE THE FILE IN C.C.NO.1161/2019, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC AT UDUPI. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42350 CRL.A No. 1682 of 2024 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the order in C.C. No.1161/2019 passed by the Principal Civil Judge and J.M.F.C., Udupi dated 25.11.2023 as the Trial Court has dismissed the complaint for non-prosecution. 2. The order passed by the Trial Court reads as under:- "Complainant absent. No representation. k/by Again called out at 3.P.M, complainant absent, no representation. No ground to grant time. The complainant has not proceed to take steps even after given sufficient time. Hence complaint filed by the complainant is hereby dismissed for non- prosecution." 3. A perusal of the order sheet reveals that the complainant/appellant has filed the complaint under Section 138 of Negotiable Instruments Act. The Trial Court has taken cognizance against the accused for the - 3 - HC-KAR NC: 2025:KHC:42350 CRL.A No. 1682 of 2024 offence punishable under Section 138 of Negotiable Instruments Act. Summons was issued to the accused through RPAD and case was posted to 24.04.2019. The order sheet reveals that on 17.05.2021 one B.N. Advocate files vakalath on behalf of the accused. Then, case was posted to 07.08.2021. On 07.08.2021 as per SOP dated 21.05.2021 issued by this Court, matter was re-posted to 25.11.2021. On 25.11.2021, matter referred to pre- conciliation and case was posted to 06.12.2021. On that day, accused remained absent and NBW was issued to the accused, steps also taken. Thereafter, case was being adjourned from time to time till 06.02.2023. On 06.02.2023 as per order No.ADMN/12/2023 dated 19.01.2023 of the Principal District Judge, Udupi, entire case records transferred from IV Additional Civil Judge and J.M.F.C., Udupi. Though the complainant has taken steps to issue NBW, the Trial Court has held that steps not taken, which is not correct. It is reflected in the order sheet that the complainant has taken steps for three times - 4 - HC-KAR NC: 2025:KHC:42350 CRL.A No. 1682 of 2024 and when the NBW was issued to the accused, it is the duty of the Court to see that whether NBW is executed or not. The Trial Court has not passed any order in this regard. Without passing any order on issuance of NBW, one fine day i.e. on 25.11.2023, the Trial Court has passed the impugned order which is not sustainable under law. Hence, I proceed to pass the following:- ORDER i) Appeal is allowed. ii) The order passed in C.C. No.1161/2019 by the Principal Civil Judge and J.M.F.C., Udupi dated 25.11.2023 is set-aside. iii) The C.C. No.1161/2019 pending on the file of Principal Civil Judge and J.M.F.C., Udupi shall be restored. iv) The appellant shall appear before the Trial Court without seeking any further notice on 25.11.2025. - 5 - HC-KAR NC: 2025:KHC:42350 CRL.A No. 1682 of 2024 v) Complainant is directed to take necessary steps to secure the accused. 4. Registry is directed to send the copy of this order along with Trial Court records for necessary action. Sd/- (G BASAVARAJA) JUDGE CHS List No.: 1 Sl No.: 72