- 1 - HC-KAR NC: 2025:KHC:51826 CRL.A No. 2115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2115 OF 2025 (A) BETWEEN: MR.AFZALUR RAHAMAN S/O. SHAFIULLAH, AGED ABOUT 50 YEARS, R/AT. NO.242, 3RD CROSS, ‘C’ MAIN, VINOBHA NAGAR, K.G. HALLI, BENGALURU-560 045. …APPELLANT (BY SMT. ANKITA PATIL., ADVOCATE FOR SRI. SYED ISMAIL QUADRI., ADVOCATE (PH)) AND: SRI SYED VASIUDDIN, AGE 42 YEARS, PROP M/S. DUSSEL CONTRACT, NO.24/8, SF-2, 2ND FLOOR, EMERALD EXOTICA, 4TH CROSS, BOREBANK ROAD, BENSON TOWN, BENGALURU-560 046. …RESPONDENT V/O DTD. 09/12/2025 NOTICE TO RESPONDENT IS D/W Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51826 CRL.A No. 2115 of 2025 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 RESTORE THE C.C.NO.58545/2022 ON THE FILE OF 33RD A.C.M.M COURT (MAYO HALL UNIT) BENGALURU AND HEAR THE CASE ON MERITS.I.A.NO.1/2025 FOR CD IN FILING AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/complainant has preferred this appeal against the order dated 21.03.2025 passed in C.C.No.58545/2022 by the XXXIII Additional Chief Metropolitan Magistrate, Bengaluru City, the case came to be dismissed for default and non-prosecution. 2. The appellant/complainant had filed a private complaint under Section 200 of Cr.P.C. read with Section 138 of the Negotiable Instruments Act, 1881, as against the accused, in P.C.R.No.55302/2021. After taking cognizance, the Trial Court has registered the criminal case in C.C.No.58545/2022 and thereafter, summons was issued to the accused. On 03.02.2023, the Trial Court - 3 - HC-KAR NC: 2025:KHC:51826 CRL.A No. 2115 of 2025 passed an order to issue summons to the accused and accordingly, summons was issued, but the same was returned with postal shara 'no such person'. 3. On 01.08.2023, the Trial Court passed an order for issuance of summons to the accused if P.F. paid and thereafter, P.F., was not paid. On 07.02.2024, the case was advanced and P.F. was paid and on the same day, the Trial Court passed an order for issuance of summons to the accused. Thereafter, the case was adjourned from time to time i.e., 01.06.2024 to 21.03.2025. On 21.03.2025, the Trial Court has passed the following order: "Case called out at 11 a.m. No representation. Case called out at 1.50 p.m. No representation. Case called out at 3.00 p.m. No representation. Case called out at 5.30 p.m. No representation. Upon going through the order sheet it appears that the complainant and his Counsel have remained absent since - 4 - HC-KAR NC: 2025:KHC:51826 CRL.A No. 2115 of 2025 longtime without proper representation. Hence, the case is dismissed for default and non-prosecution." 4. Though the summons was issued by the Trial Court, same was not returned. When the summons was issued by the Court, it is the duty of the Court to see that whether summons is served or not. The Trial Court has not verified as to whether the summons was served or not. Without application of mind, the Trial Court has mechanically passed the impugned order, which is not sustainable under law. 5. Accordingly, I proceed to pass the following: ORDER (i) The Criminal Appeal is allowed. (ii) The impugned order dated 21.03.2025 passed in C.C.No.58545/2022 by the XXXIII Additional Chief Metropolitan Magistrate, Bengaluru City, is set aside. - 5 - HC-KAR NC: 2025:KHC:51826 CRL.A No. 2115 of 2025 (iii) The criminal case in C.C.No.58545/2022 shall be restored to its original file. (iv) The appellant is directed to appear before the Trial Court without seeking any further notice from the said Court on 19.01.2026. (v) After appearance of the appellant/ complainant, the Trial Court is directed to secure the presence of the accused and proceed with the case in accordance with law. Registry is directed to send a copy of this order to the concerned Trial Court for taking necessary steps. Sd/- (G BASAVARAJA) JUDGE DL CT: JL