- 1 - HC-KAR NC: 2026:KHC:12733 CRL.P No. 16983 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16983 OF 2025 BETWEEN: ASCHEM AGROTECH PVT LTD COMPANY REGISTERED UNDER COMPANIES ACT REGISTERED OFFICE AT IS-21, KHB INDUSTRIAL AREA YELAHANKA NEW TOWN, BENGALURU 560 106. REP BY ITS MANAGING DIRECTOR/PARTNER MR BHARATH TANDON. …PETITIONER (BY SRI. VIVEKANANDA N., ADVOCATE) AND: 1. AURO PHARMACEUTICALS AND FINE CHEMICALS PVT LTD REGISTERED OFFICE AT DADHE RUIKAR HOUSE 2007. SADASHIV PETH TILAK ROAD, PUNE 411030. R/BY ITS MANAGING DIRECTOR DR UMESH JOSHI. 2. DR UMESH JOSHI MANAGING DIRECTOR. AURO PHARMACEUTICALS AND FINE CHEMICALS PVT LTD REGISTERED OFFICE AT Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12733 CRL.P No. 16983 of 2025 DADHE RUIKAR HOUE 2007. SADASHIV PETH TILAK ROAD, PUNE 411 030. ALSO AVAILABLE AT S.NO.65 65 PLOT NO. 376, MAHATMASOCIETY KOTHRUD PUNE 411 038 3. SMT JANAKI UMESH JOSHI ADDITIONAL DIRECTOR. AURO PHARMACEUTICALS AND FINE CHEMICALS PVT LTD REGISTERED OFFICE AT DADHE RUIKAR HOUE 2007. SADASHIV PETH TILAK ROAD, PUNE 411 030. ALSO AVAILABLE AT S.NO.65 65 PLOT NO. 376, MAHATMASOCIETY KOTHRUD PUNE 411 038 …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE ORDER DATED SET ASIDE THE ORDER DATED 29.09.2025 PASSED IN C.C.NO.11297/2016 BY XXVII A.C.J.M BENGALURU FOR THE OFFENCE P/U/S 138 OF N.I ACT PRODUCED AS ANNEXURE-A AND CONSEQUENTLY RESTORE THE COMPLAINT TO THE FILE OF XXVII A.C.J.M BENGALURU IN C.C.NO.1127/2016 AND ETC., THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2026:KHC:12733 CRL.P No. 16983 of 2025 ORAL ORDER The petitioner is before the Court calling in question the order of XXVII Addl. Chief Judicial Magistrate, Bengaluru, dated 29.09.2025 in CC No.11297/2016 by which the complaint filed by the petitioner-complainant is dismissed for non-prosecution. 2. Heard Sri. Vivekananda N., learned counsel for the petitioner and perused the material on record. 3. The petitioner is the complainant and the respondent is the accused. The complainant institutes proceedings for offence punishable under Section 138 of Negotiable Instruments Act, 1881, in PCR no.15254/2014. The matter was at the stage of issuance of summons to the accused and Non-Bailable Warrant was also issued on the accused for not being present before the Court. 4. At that stage, the petitioner also remained absent. In that light, the concerned Court has rejected the complaint for its non-prosecution left with no choice, as the proceedings for ten years had gone on. In the light of the dismissal of complaint for its non-prosecution, happening prior to the appearance of the accused, it would not amount to an acquittal as obtaining under Section 252(1) of CrPC. The concerned - 4 - HC-KAR NC: 2026:KHC:12733 CRL.P No. 16983 of 2025 Court ought to have proceeded further and acted in accordance with law. In that light, the petition deserves to succeed and the case to be restored on the file of the concerned Magistrate. 5. For the aforesaid reasons, the following ORDER (i) Petition is allowed; (ii) Order dated 29.09.2025 in CC No.11297/2016 passed by XXVII Addl. Chief Judicial Magistrate, Bengaluru, is quashed; and (iii) The petition is restore to file and the concerned Court to regulate its procedure thereafter. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AV List No.: 2 Sl No.: 13