- 1 - HC-KAR NC: 2025:KHC:53158 CRL.A No. 663 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 663 OF 2025 (A) BETWEEN: SRI. SHASHANK REDDY B K S/O SRI. KRISHNA REDDY, AGED ABOUT 32 YEARS, R/A 20, EAST END 'D' MAIN ROAD, JAYANAGAR, 9TH BLOCK, BENGALURU - 560 041. …APPELLANT (BY SRI. SAGAR G. NAHAR, ADVOCATE) AND: SRI. MAHESHA S., S/O SRI. SREENAIVASA AGED ABOUT 49 YEARS R/A NO.105, 13TH CROSS, JANATHA LAYOUT, J.P. NAGAR, MYSURU - 570 008 EMAIL: kumarjpn@gmail.com ALSO AT: No.1063/119, 1ST MAIN, 7TH CROSS, VIDYARANYAPURAM, MYSURU - 570 008. …RESPONDENT (BY SRI. M.B.CHANDRA CHOODA, ADVOCATE) THIS CRL.A. IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 17.01.2025 PASSED BY THE HONBLE XVI ACMM BENGALURU IN C.C.NO.22501/2022 TITLED SHASHANK REDDY B.K VS. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53158 CRL.A No. 663 of 2025 MAHESH S AND FURTHER PASS ORDERS FOR THE SAID C.C.NO.22501/2022 TO BE RESTORED ON ITS ORIGINAL NUMBER AND POSITION WITH DIRECTIONS TO THE LEARNED XVI ACMM TO PROCEED WITH THE TRIAL FROM THE STAGE THAT IT WAS DISMISSED. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/complainant has preferred this appeal against the impugned order passed by the XVI ACMM, Bengaluru in CC.No.22501/2022 dated 17.01.2025. 2. The appellant has filed complaint under Section 138 of NI Act. The same was registered in PCR No.11533/2022. After taking cognizance, case was registered in CC.No.22501/2022. Thereafter, summons was issued to the accused and the same has been unclaimed. Thereafter, NBW has been issued from 15.01.2022 to 17.01.2025. On 17.01.2025, the trial Court has passed the following order: "Complainant and Advocate for complainant absent. Despite of giving sufficient time, no proper steps taken to - 3 - HC-KAR NC: 2025:KHC:53158 CRL.A No. 663 of 2025 secure the accused. Hence, complaint is dismissed for non-prosecution." 3. On a perusal of the order sheet, it is crystal clear that NBW was issued to the accused. When the NBW was issued, it is duty of the Court to see whether NBW is executed or not? Without application of mind, mechanically, the trial Court has passed the impugned order, which is not sustainable under law. Hence, I proceed to pass the following: ORDER i) The appeal is allowed. ii) The impugned order passed by the XVI ACMM, Bengaluru in CC.No.22501/2022 dated 17.01.2025 is set aside. iii) The CC.No.22501/2022 shall be restored. iv) Complainant and accused shall appear before the trial Court on 22.01.2026 without seeking any further notice from - 4 - HC-KAR NC: 2025:KHC:53158 CRL.A No. 663 of 2025 the trial Court. Thereafter, the trial Court is directed to conduct the case and dispose the same in accordance with law. Registry is directed to send copy of this order to the trial Court for taking necessary steps. Sd/- (G BASAVARAJA) JUDGE NR/- List No.: 1 Sl No.: 17