- 1 - HC-KAR NC: 2025:KHC:40520 CRL.A No. 1370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1370 OF 2025 BETWEEN: 1. M/S. GOLDEN FRESH NO.324, 1ST FLOOR, GOLDEN POINT, GOLDEN ROAD CROSS, THIMMAIAH ROAD, BANGALORE-560 052, REPRESENTED BY ITS PROPRIETOR, SRI. KAMAL PASHA. …APPELLANT (BY SRI.ZAMEER PASHA.,ADVOCATE) AND: 1. MR.MUNIKRISHNA.R S/O. RAMAIAH, AGED ABOUT 46 YEARS, SBM CHICKEN CENTRE, OPP SANESHWARA TEMPLE, DEVARABISANAHALLI, BELLANDUR, BANGALORE-560 103. …RESPONDENT (NOTICE NOT ORDERED IN RESPECT OF RESPONDENT) THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 17.04.2025 IN CC NO.57793/2021 PASSED BY THE XIV ADDL.CMM AT BENGALURU PRODUCED AS ANNEXURE-A AND RESTORE THE CASE FOR FURTHER PROSECUTION BY ALLOWING THE APPEAL. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40520 CRL.A No. 1370 of 2025 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The complainant/appellant has preferred this appeal against the order passed by the XIV Addl. Chief Judicial Magistrate, Mayohall Unit at Bengaluru dated 17.04.2025, as the appeal is dismissed for default and non-prosecution. 2. The complainant has filed a complaint under Section 138 of the Negotiable Instruments act, 1881 (for short, ‘1881 Act’). After taking cognizance, case was registered in CC.No.57793/2021 and summons was issued to the accused. As per the order sheet dated 07.02.2023, the summons issued to the accused through Registered Post Acknowledgement Due returned with shara ‘Unclaimed’. The Trial Court has held that service held sufficient and NBW was issued to the accused. That on 18.04.2023, NBW was issued and the same was not returned. When the NBW is not returned, - 3 - HC-KAR NC: 2025:KHC:40520 CRL.A No. 1370 of 2025 the Trial Court has to take steps calling the report from the concerned police for non-execution of NBW. Instead of that, the Trial Court has dismissed the complaint on 17.04.2025. 3. Hence, the impugned order passed by the Trial Court is not sustainable under law. Accordingly, I proceed to pass the following: ORDER (i) Appeal is allowed. (ii) The order passed by the Trial Court in C.C.No.57793/2021 dated 17.04.2025 is set aside. (iii) The Trial Court is directed to restore the C.C.No.57793/2021. (iv) The complainant is directed to appear before the Trial Court without seeking any - 4 - HC-KAR NC: 2025:KHC:40520 CRL.A No. 1370 of 2025 further notice from the Trial Court on 06.11.2025. (v) The complainant is directed to take necessary steps to secure the accused. Sd/- (G BASAVARAJA) JUDGE NC List No.: 1 Sl No.: 15