- 1 - HC-KAR NC: 2026:KHC:13226 CRL.P No. 779 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO.779 OF 2019 BETWEEN: SRI NARAYANAPPA SINCE DECEASED BY HIS LRS. 1. SMT. GANGAMMA W/O. LATE NARAYANAPPA AGED ABOUT 60 YEARS 2. SMT. KALAVATHI D/O. LATE NARAYANAPPA W/O. UDAY AGED ABOUT 38 YEARS BOTH ARE RESIDING AT NO.103, 4TH MAIN, SHARADA COLONY BASAVESHWARANAGAR BENGALURU-560 079 …PETITIONERS (BY SRI RAMESH K. R., ADVOCATE) AND: SRI JAGADISH S/O. SHIVARUDRAIAH AGED MAJOR R/O. NO.153, GANESHA FARM ANJANANAGARA, K.E.B. ROAD BENGALURU-560 091 …RESPONDENT (RESPONDENT-SERVED) Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13226 CRL.P No. 779 of 2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 24.06.2013 PASSED BY THE XII ADDL.C.M.M., BENGALURU CITY IN P.C.R.NO.15391/2011 AT ANNEXURE-C, DISMISSING THE COMPLAINT FILED BY THE PETITIONER IN P.C.R.NO.15391/2011 AND THEREBY DIRECT THE COURT BELOW TO RESTORE P.C.R.NO.15391/2011 AND DISPOSE OF THE SAME. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER This petition is filed challenging the correctness of an order dated 24.06.2013 passed by XII Additional Chief Metropolitan Magistrate, Bengaluru in PCR No.15391/2011 by which, the private complaint was dismissed. 2 (i). The petitioners contend that their predecessor had filed a private complaint alleging the commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the respondent. They contend that their predecessor died on 20.03.2012 and the said fact could not be intimated to the Trial Court. However when the matter was listed before the Court on 24.06.2013, the Trial Court dismissed the complaint for non-prosecution. - 3 - HC-KAR NC: 2026:KHC:13226 CRL.P No. 779 of 2019 (ii) The petitioners contend that they were unaware of the private complaint filed by their predecessor and since the amount involved is a sum of Rs.11,00,000/-, they pray that the order passed by the Trial Court be set aside and an opportunity be granted to the petitioners to contest the petition on merits. 3. The respondent though served with the notice has not appeared. 4. The petitioners have enclosed a copy of the death certificate of their predecessor, which shows that he died on 20.03.2012. Therefore, the order passed by the Trial Court, dismissing the complaint for non-prosecution deserves to be set aside and an opportunity deserves to be granted to the petitioners to contest the private complaint on merits. 5. Hence, this criminal petition is allowed. The impugned order dated 24.06.2013 passed by XII Additional Chief Metropolitan Magistrate, Bengaluru in PCR No.15391/2011 is set aside. The PCR No.15391/2011 is restored on the file of the Trial Court. The petitioners are - 4 - HC-KAR NC: 2026:KHC:13226 CRL.P No. 779 of 2019 directed to appear before the Trial Court on 30.03.2026 and furnish a copy of this order to the Trial Court. 6. The trial Court is directed to proceed in accordance with law. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 25