- 1 - HC-KAR NC: 2025:KHC:28354 CRL.P No. 8410 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8410 OF 2025 BETWEEN: SRI. G. JAYATHEERTHA, SON OF LATE L GURURAJA RAO GANGAIAH, AGED ABOUT 49 YEARS, RESIDING AT NO. 107, 10TH CROSS, SHIVAJINAGAR, WEST OF CHORD ROAD, BANGALORE - 560 010. …PETITIONER (BY SRI. LOKESH A, ADVOCATE) AND: ATHIQ PASHA, SON OF ABDUL KAREEM, AGED ABOUT 46 YEARS, HAVING SHOP AT NO. 15, 10TH CROSS, SHIVAJINAGAR, WEST OF CHORD ROAD, BANGALORE - 560 010. …RESPONDENT (BY SRI. HEMANTH KUMAR J, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 15.09.2023 IN CRL.A.NO.2656/2019 PASSED BY THE LEARNED LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE (CCH-68) AS PER ANNEXURE-D AND ORDER TO Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28354 CRL.P No. 8410 of 2025 RESTORE THE APPEAL TO ITS ORIGINAL STAGE WITH A DIRECTION TO THE DISPOSE OF THE APPEAL ON MERITS, BY ALLOWING THE ABOVE PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the appellant in Crl.A.2656/2019 is directed against the impugned order dated 15.09.2023, whereby the said appeal filed by the appellant/petitioner was dismissed for non-prosecution by the First Appellate Court. 2. Heard the learned counsel for the petitioner, learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent/complainant instituted proceedings in C.C.No.25656/2017 against the petitioner/accused for offences punishable under Section 138 of Negotiable Instruments Act, 1881. After contest, the said proceedings culminated in a judgment and order of conviction and sentence dated 02.12.2019 in favour of the respondent against the petitioner - 3 - HC-KAR NC: 2025:KHC:28354 CRL.P No. 8410 of 2025 who challenged the same, in the instant Crl.A.No.2656/2019. The said appeal filed by the petitioner was posted before the First Appellate Court on 15.09.2023, on which date the First Appellate Court took note of the fact that the Appellant and his counsel were continuously absent and dismissed the appeal for non-prosecution. 4. Aggrieved by the impugned order dated 15.09.2023 dismissing the appeal for non-prosecution, petitioner is before this Court by way of the present petition. 5. Learned counsel for the petitioner and learned counsel for respondent jointly submit that the impugned order is set aside and appeal in Crl.A.2656/2019 is restored to the file of the First Appellate Court, both parties would advance their arguments on the merits of the appeal and the First Appellate Court may be directed to dispose of the appeal within a stipulated timeframe. In view of the aforesaid facts and circumstances and joint submissions made by both sides, I deem it just and appropriate to adopt justice oriented approach and set aside the order dated 15.09.2023 and restore appeal in - 4 - HC-KAR NC: 2025:KHC:28354 CRL.P No. 8410 of 2025 Crl.A.No.2656/2019 to file of the First Appellate Court by issuing certain directions. As a result, I pass the following: ORDER i. The petition is hereby allowed. ii. The impugned order dated 15.09.2023 is hereby set aside. iii. Crl.A.No.2656/2019 is restored to the file of the First Appellate Court. iv. Petitioner and respondent shall appear before the First Appellate Court without awaiting further notice on 11.08.2025. v. The First Appellate Court shall dispose of same within three months from that day. vi. All rival contentions are kept open. vii. It is further directed that till disposal of the appeal as stated supra, NBW and FLW issued as against the petitioner shall remain in abeyance. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 35 CT: BHK