- 1 - HC-KAR NC: 2025:KHC:46921 CRL.A No. 507 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 507 OF 2023 BETWEEN: BASAVARAJU S M S/O MALLESHAPPA, AEED 38 YEARS, R/AT BELAVADI VILLAGE, MYSURU TALUK-570018. …APPELLANT (BY SRI. KUMARA K G., ADVOCATE (PH) ) AND: MANJU B V C/O RATHNAMMA (LATE RAVANNA) AGED 42 YEARS, R/AT 1ST MAIN ROAD, 22ND CROSS, NEAR GOVERNMENT HIGH SCHOOL BELAVADI, MYSURU TALUK-570018. …RESPONDENT (BY SRI. M R SHALAMALA., ADVOCATE (ABSENT) ) THIS CRL.A. IS FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER PASSED IN C.C.NO.1513/2020 BY THE HONBLE COURT OF V JMFC, MYSURU DATED 13.10.2021 AND REMAND BACK TO THE TRIAL COURT FRESH CONSIDERATION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46921 CRL.A No. 507 of 2023 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/complainant has preferred this appeal against the order dated 13.10.2021 passed by the court of learned V JMFC, Mysuru, in Criminal Case No.1513/2020, whereby the Trial Court has dismissed the case for non- prosecution. 2. A perusal of the entire order sheet makes it crystal clear that earlier the Complainant has filed a private complaint before the Court of IV JMFC., Mysuru. After taking cognizance for the offence punishable under Section 138 of Negotiable Instruments Act, the Trial Court has registered the criminal case in C.C.No.1789/2017 on the file of IV JMFC, Mysuru and issued summons to the accused. Thereafter, the said case was transferred to the court of V JMFC., Mysuru and the same was renumbered as C.C.No.1513/2020. However, as per the notification dated 23.03.2020, 13.04.2020 and 15.05.2020 issued by - 3 - HC-KAR NC: 2025:KHC:46921 CRL.A No. 507 of 2023 the Hon'ble High Court of Karnataka, Bengaluru, in view of COVID-19 pandemic, the case was not called out. In view of the SOP issued by this Court during Covid-19 pandemic, from 14.08.2020 till 16.07.2021, the case was being adjourned from time to time. On 13.10.2021, when the case was called out, the SOP was in force, however, the Trial Court has dismissed the case for non-prosecution without assigning any proper reasons. Hence, the impugned order is not sustainable in law. 3. Accordingly, the Criminal Appeal is allowed. The impugned order dated 13.10.2021 passed by the learned V JMFC., Mysuru, in C.C.No.1513/2020 is hereby set aside. The criminal case in C.C.No.1513/2020 is restored to its original file. 4. The appellant/complainant is directed to take necessary steps to secure the respondent/accused in accordance with law and thereafter, to proceed with the case. - 4 - HC-KAR NC: 2025:KHC:46921 CRL.A No. 507 of 2023 5. The appellant/complainant shall appear before the Trial Court on 10.12.2025 without awaiting any further notice. 6. Registry is directed to send a copy of this order to the concerned Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE DL CT: JL