- 1 - HC-KAR NC: 2025:KHC:54272 CRL.A No. 645 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. 645 OF 2025 (A) BETWEEN: SRI NAVEENA B, S/O. SRI. K.S. BHIMAREDDY, AGED ABOUT 40 YEARS, R/AT NO.201, PIONEER PLANET, UPADHYAYA LAYOUT, NEAR RR LAYOUT, NAGADEVANAHALLI, BENGALURU- 560 056. …APPELLANT (BY SRI GIREESHA R J AND MANU N,ADVOCATE) AND: SRI VISHWANATH REDDY, S/O SRI. VIRPAN GOWDA, R/AT SRI BASAVA NILAYA, NO. HOUSE NO.1-11-37/97, KARNATAKA HOUSING BOARD COLONY, OK BAR AND RESTAURANT BESIDE ROAD, LINGASURU ROAD, RAICHUR- 584 101. …RESPONDENT (BY SRI. SATISH V.,ADVOCATE) THIS CRL.A IS FILED U/S 378(4) CR.P.C (U/S 419(4) BNSS) BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DTD 07.01.2025 PASSED IN CC.NO.28887/2022 BY THE XXXVI ACMM, BENGALURU AND CONSEQUENTLY RESTORE THE COMPLAINT ON THE ORIGINAL FILE. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54272 CRL.A No. 645 of 2025 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The complainant/appellant has preferred this appeal against the impugned order passed by XXXVI Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28887/2022. Complainant/appellant has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, the same was registered in P.C.R.No.12829/2022. 2. After taking cognizance, the case was registered in C.C.No.28887/2022 and summons was issued to the accused. In response to summons, accused appeared before the Court and was enlarged on bail. Evidence of P.W.1 was also recorded. Statement under Section 313 of Code of Criminal Procedure was recorded. When the case was posted for defence evidence, application was filed under Sections 45 and 73 of Evidence Act, 1872, the same came to be allowed by the trial Court and trial Court directed the complainant to furnish the sample writing, and the case was posted to 07.01.2025. On that day, the trial Court has passed the following order: - 3 - HC-KAR NC: 2025:KHC:54272 CRL.A No. 645 of 2025 "Case called out again at 3 p.m. Complainant not present. No representation. Accused is present." On perusal of the order sheet, it is noticed that this Court passed orders on 2/8/2024 on the applications filed by the accused U/s. 45 & 73 of Indian Evidence Act. The said applications praying to refer the Ex.P1 cheque to a Handwriting expert and to direct the complainant to offer his sample handwritings on the blank paper so as to enable the handwriting expert to compare the sample writings to that of the writings of the cheque, came to be allowed and consequently, the complainant was directed to offer his sample handwriting. Pursuant to the same, the accused took further steps and furnished Demand Draft bearing No.161794 for Rs.5,000/- towards payment of requisite fees. However, the complainant remained absent thereafter. Despite sufficient opportunities the complainant did not appear before the Court to provide his sample handwritings. The learned counsel for the complainant also did not appear before the Court on successive hearing dates. The accused on the other hand, was present before the Court on all the hearing dates. As the presence of the complainant is very much necessary to proceed further the instant - 4 - HC-KAR NC: 2025:KHC:54272 CRL.A No. 645 of 2025 case and as it appears that the complainant is not interested to prosecute this case, this Court acting U/s. 279 of BNSS hereby dismisses the complaint for default and acquits the accused." 3. Being aggrieved by the impugned order, the appellant/complainant has preferred this appeal. 4. It is submitted by the learned counsel for the appellant that on 07.01.2025 the complainant's father was not feeling well, hence complainant could not appear before the trial Court and the counsel also could not appear on that day as his mother was hospitalized. 5. Considering the submission of the learned counsel for the appellant, it is just and proper to provide one more opportunity to the appellant/complainant to appear before the trial Court to comply the order of the trial Court. 6. Hence, I proceed to pass the following: - 5 - HC-KAR NC: 2025:KHC:54272 CRL.A No. 645 of 2025 ORDER (i) The Criminal Appeal is allowed. (ii) The impugned order passed by the XXXVI Additional Chief Metropolitan Magistrate, Bengaluru in CC No.28887/2022 dated 07.01.2025 is set aside. (iii) The C.C.No.2387/2022 shall be restored to its file. (iv) The trial Court is directed to provide one more opportunity to the complainant to comply the order passed by the trial Court. (v) Both parties are directed to appear before the trial Court without seeking any further notice from the trial Court on 22.01.2026. (vi) Thereafter, the trial Court is directed to proceed with the case in accordance with law. (vii) 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.: 19