- 1 - HC-KAR NC: 2025:KHC:40951 CRL.A No. 356 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 356 OF 2024 (A) BETWEEN: N. ASHWINI W/O. M. N. DEVARAJA, AGED ABOUT 37 YEARS, RESIDING AT NO. 1356, 14TH MAIN, 15TH CROSS, KUMARASWAMY LAYOUT, BANGALORE-560 078. …APPELLANT (BY SRI. RAJESH B. L., ADVOCATE) AND: G. PRASAD REDDY S/O. LATE G. SREENIVASA REDDY, AGED ABOUT 69 YEARS, RESIDING AT NO. 392, 2ND CROSS, 13TH MAIN, 3RD BLOCK, KORAMANGALA, BANGALORE-560 034. …RESPONDENT (VIDE COURT ORDER DATED: 15.10.2025 NOTICE TO RESPONDENT IS DISPENSED WITH.) THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.02.2024 PASSED IN PCR NO.11901/2022 BY THE 46TH A.C.M.M BENGALURU CITY VIDE ANNEXURE-A AND ALLOW THIS APPEAL AND RESTORE THE CASE. Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40951 CRL.A No. 356 of 2024 THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant - complainant has preferred this appeal against the order passed by the Trial Court dated 03.02.2024, whereby the complaint came to be dismissed for non-prosecution. 2. Learned counsel for the appellant would submit that the Trial Court has erred in coming to the conclusion that the appellant has made a wrong observation that appellant had not been represented in the PCR from 31.03.2023. It is notable that the case was never posted on 31.03.2023 before the Court. 3. The reason for not representing the case on 03.02.2024 was because the advocate on record was not keeping well. The absence of representation on 03.02.2024 before the Trial Court is not an intentional one - 3 - HC-KAR NC: 2025:KHC:40951 CRL.A No. 356 of 2024 but for a bonfide reason. On all these grounds, he sought to allow this appeal. 4. Considering the submission of the learned counsel for the appellant, it is just and proper to provide one more opportunity to the complainant to prosecute this case. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The order passed by the Trial Court in PCR.No.11901/2022 dated 03.02.2024 is hereby set aside. iii. The PCR No.11901/2022 on the file of XLVI ACMM, Bengaluru, shall be restored. iv. The complainant is directed to appear before the Trial Court on 20.11.2025, without seeking any further notice from the Trial Court. v. The complainant shall take necessary steps to prosecute this case. - 4 - HC-KAR NC: 2025:KHC:40951 CRL.A No. 356 of 2024 vi. Registry is directed to send a copy of this order to the trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 35