- 1 - HC-KAR NC: 2026:KHC:9655 CRL.A No. 2169 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2169 OF 2025 (A) BETWEEN: 1. SRI PARAMESH H S S/O L. SIDDANNA @ SIDDARAJU, AGED ABOUT 49 YEARS, OCCUPATION : ADVOCATE CUM COMPLAINANT, RESIDING AT NO.77/53, 2ND CROSS, BYDRAHALLI, VIVEK VIDYA CONVENT ROAD, MAGADI MAIN ROAD, VISHWANEEDAM POST, BENGALURU NORTH TALUK - 560 091. …APPELLANT (BY SRI. SANNANNANVAR SHIVANANDA DUNDAPPA, ADVOCATE) AND: 1. SMT ROOPATHARA W/O LOKESH, AGED ABOUT 40 YEARS, OCCUPATION : BUSINESS, R/AT NO.36, CORPORATION LAYOUT, NEAR SHAKTHI GANAPATHI TEMPLE, CHANDRA LAYOUT, BENGALURU-560 040. …RESPONDENT (VIDE ORDER DATED 16.02.2026, NOTICE TO RESPONDENT IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9655 CRL.A No. 2169 of 2025 THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 25.03.2025 PASSED BY THE PRL.CIVIL JUDGE AND JMFC, MAGADI IN CC NO.2680/2024 AND RESTORE THE PROCEEDINGS TO THE FILE OF THE HON'BLE COURT FOR FURTHER PROCEEDINGS. 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 has preferred this appeal against the impugned order passed by the Principal Civil Judge and JMFC., Magadi, Ramanagara District, as the trial Court has dismissed the case for non-prosecution. 2. The appellant/complainant had filed complaint under Section 138 of N.I. Act. After taking cognizance, case was registered in C.C No.2680/2024, summons was issued to the accused. - 3 - HC-KAR NC: 2026:KHC:9655 CRL.A No. 2169 of 2025 3. The order sheet of the trial Court dated 23.10.2024 reveals that RPAD is issued. Then case was posted to 30.12.2024. On that day, Presiding Officer was on leave. Hence, case was adjourned to 25.03.2025. On 25.03.2025, trial Court has passed the following order: "Complainant and counsel for complainant absent. Case again called at 3.05 p.m. Complainant and counsel for complainant absent. Sufficient opportunity given even though complainant not taken steps against accused. Hence, complaint is hereby dismissed for non- prosecution. 4. When the trial Court has issued the summons to the accused through R.P.A.D., it is the duty of the Court to ensure that whether same is returned or not or whether it is served or not. The trial Court has not passed any order in - 4 - HC-KAR NC: 2026:KHC:9655 CRL.A No. 2169 of 2025 this regard. Hence, the impugned order is not sustainable under law. Accordingly, I proceed to pass the following: ORDER Appeal is allowed. The impugned order passed by the Principal Civil Judge and JMFC., Magadi, dated 25.03.2025 in C.C. No.2680/2024 shall be restored. The complainant is directed to appear before the trial Court without seeking any further notice from the trial Court on 02.04.2026. The complainant is directed to take necessary steps to secure the accused. Thereafter, the trial Court shall proceed with the case in accordance with law. Registry is directed to send the copy of this order to the trial Court. Sd/- (G BASAVARAJA) JUDGE PSJ List No.: 1 Sl No.: 52