- 1 - HC-KAR NC: 2025:KHC:54273 CRL.A No. 1687 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1687 OF 2025 (A) BETWEEN: SRI. ABDUL JAMEEL SINCE DIED BY HIS LRS MR.MOHAMMAED UMAIR, AGED ABOUT 34 YEARS, S/O LATE SRI.ABDUL JAMEEL, RESIDING AT NO. 100/2, UNITED MANSION, 6TH MAIN, ITI LAYOUT, BENSON TOWN POST, BANGALORE-560 004. …APPELLANT (BY SRI PRABHAKAR L SHETTY, ADVOCATE) AND: 1. M/S R B INDIA PROJECTS A PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT NO.117, 3RD FLOOR, 1ST STAGE, 3RD BLOCK, NAGARABHAVI RING ROAD, BANGALORE -560 072. 2. MR. H.S.ONKARAPPA, AGED ABOUT 61 YEARS, S/O H.SHIVAPPA, THE PARTNER OF M/S R.B INDIA PROJECTS NO.117, 3RD FLOOR, 1ST STAGE, 3RD BLOCK, NAGARABHAVI RING ROAD, BANGALORE -560 072. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54273 CRL.A No. 1687 of 2025 RESIDING AT NO.497, 2ND MAIN, SYNDICATE BANK COLONY, HEROHALLI, MAGADI MAIN ROAD, BANGALORE-560 091. ALSO AT: FLAT NO.202. SANNIDHI PARK APARTMENT, SANNIDHI ROAD, BASAVANAGUDI, BANGALORE-560 004. 3. MR. JAPESH KUMAR KAMBLE, AGED ABOUT 61 YEARS, S/O LATE S.G.KAMBLE, THE PARTNER OF M/S R.B INDIA PROJECTS NO.117, 3 (RD) FLOOR, 1 (ST) STAGE, 3 (RD) BLOCK, NAGARABHAVI RING ROAD, BANGALORE -560 072. RESIDING AT NO.20, FLAT NO.404, 3 (RD) FLOOR, SIRI ELEGANCE APARTMENT, 11TH MAIN, UTTARAHALLI MAIN ROAD, BANGALORE-560 061. AND AT: NO.97, SURYA APARTMENTS, 3 (RD) FLOOR, 2 (ND) MAIN, 7 (TH) CROSS, BHS LAYOUT, UTTARAHALLI, BANGALORE-560 061 ALSO AT "AYODHYA" SY. NO. 128/5, GULAKAMALE, KAGGALIPURA-BANNERGATTA ROAD, OPP TO SUNLAND SERENE, KAGGALIPURA-560 082, BANGALORE RURAL. …RESPONDENTS (BY SRI VENKATESH PRASAD R, ADVOCATE FOR R1 & R3 SMT S.M.USHA, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC:54273 CRL.A No. 1687 of 2025 THIS CRL.A IS FILED U/S 378 CR.PC (FILED U/S 419 OF BNSS)BY THE SPP FOR THE STATE PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A. SET ASIDE THE ORDER DATED 28.04.2025 PASSED BY THE HONBLE 33TH ADDL. CJM, BANGALORE IN CC NO.54397/2020 DISMISSING THE COMPLAINT IN CC NO.54397/2020 FOR NON PROSECUTION.B. AND RESTORE THE COMPLAINT IN CC.NO.54397/2020 FILED BY THE DECEASED COMPLAINANT ON THE FILE OF THE LD. HONBLE 33RD ADDL. CJM, BANGALORE (MAYO HALL). THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT Legal representative of the appellant has preferred this appeal against the impugned order passed by the XXXIII Additional Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru in C.C.No.54397/2020 dated 28.04.2025. 2. The appellant has produced the death certificate of Abdul Jameel, who died on 25.09.2024. The survival certificate issued by the Deputy Tahasildar, City Circle, Hubli is produced. Mohammaed Umair is the son of Abdul Jameel. The appellant being the son of Abdul Jameel has filed the appeal. The other side has not filed any objections in this regard. - 4 - HC-KAR NC: 2025:KHC:54273 CRL.A No. 1687 of 2025 3. Brief facts leading to filing of this appeal are that the appellant has filed a complaint under Section 138 of Negotiable Instruments Act, 1881, the same was registered in P.C.R.No.52975/2020. 4. After taking cognizance, case was registered in C.C.No.54397/2020. Thereafter, summons was issued to the accused. In response to summons, accused appeared before the Court and enlarged on bail. The plea was recorded. Accused pleaded not guilty and claimed to be tried. The complainant has adduced his evidence as PW.1. P.W.1 was not cross- examined, hence, statement under Section 313 of Cr.P.C. was recorded and subsequently, application was filed for cross- examination of P.W.1., same was allowed. 5. When the case was posted for cross-examination, PW.1 died on 25.09.2024. The order sheet dated 29.10.2024 reveals that PW.1 remained absent the complainant's counsel submitted that PW.1 has died and prayed to bring Legal representatives on record. Then case was posted to 31.12.2024 and then to 26.02.2025. It is submitted that 26.02.2025 - 5 - HC-KAR NC: 2025:KHC:54273 CRL.A No. 1687 of 2025 declared was general holiday. That on 27.02.2025 application was not filed and the case was posted to 28.04.2025. That on 28.04.2025, the Court has passed the following order: " Case called out at 11 am. No representation. Case called out at 1.50 pm. No representation. Case called out at 3 pm. No representation. Case called out at 5.30 pm. No representation. Upon going through the order sheet it appears that the complainant and his counsel have remained absent since long time without proper representation. Hence the case is dismissed for default and non-prosecution." 6. A perusal of the order sheet reveals that on 24.08.2024, P.W.1 was present, but accused remained absent. Hence, case was posted for further examination on 24.09.2024. The trial Court has noticed the fact as to the death of PW.1 on 29.10.2024. The trial Court has also passed an order on 31.12.2024 to furnish details of legal representatives of the complainant and case was posted on 26.02.2025. On that day, the general holiday was declared. Hence, case was called on 27.02.2025 and later case was posted to 28.04.2025. 7. Trial Court has not dismissed the complaint for not bringing the legal representatives, but for default and non- - 6 - HC-KAR NC: 2025:KHC:54273 CRL.A No. 1687 of 2025 prosecution. 8. The learned counsel for the appellant would submit that due to mistake of date, the legal representatives of the appellant could not appear before the trial Court, as the connected matters were posted to 11.05.2025. 9. Accepting the submission of the appellant's counsel it is just and proper to provide an opportunity to the legal representatives of the complainant/appellant, to prosecute the case. 10. Accordingly, I proceed to pass the following: ORDER (i) The Criminal Appeal is allowed. (ii) The order passed by the XXXIII Additional Chief Metropolitan Magistrate, Mayohall Unit, Bengaluru in C.C.No.54397/2020 dated 28.04.2025 is set aside. (iii) C.C. No.54397/2020 shall be restored to its file; (iv) The trial Court is directed to provide an opportunity to the appellant to come on record - 7 - HC-KAR NC: 2025:KHC:54273 CRL.A No. 1687 of 2025 as legal representative of the complainant. Thereafter, the trial Court shall proceed with the case in accordance with law. (v) Both parties are directed to appear before the trial Court on 22.01.2026 without seeking any further notice. (vi) Registry is directed to send the copy of this order to the trial Court forthwith. Sd/- (G BASAVARAJA) JUDGE GVP List No.: 1 Sl No.: 22