- 1 - HC-KAR NC: 2026:KHC:13159 CRL.P No. 1112 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. 1112 OF 2019 BETWEEN: KUMARA GURUMURTHY REDDY S/O NANJUNDAREDDY AGED ABOUT 60 YEARS RESIDING AT NO.116 SOMASHANTHAPURA H.B.R. 2ND SECTOR BANGALORE-560 102 …PETITIONER (BY SRI. LAKSHMIKANTH K, ADVOCATE) AND: 1. MURALI M CHAIRMAN CUM MANAGING DIRECTOR AGED ABOUT 51 YEARS 2. N. VERENDRA BABU CEO & VICE CHAIRMAN & EXECUTIVE DIRECTOR MAJOR BOTH ARE WORKING AT BRANCH OFFICE NO.5, VASAVI PLAZA, 3RD FLOOR 11TH MAIN, 4TH BLOCK NEAR JAYANAGARA COMPLEX JAYANAGAR, BENGALURU-560 011 …RESPONDENTS (BY SRI. B.V. MADHAVA MURTHY, ADVOCATE FOR R2; R1 DECEASED AS PER THE POLICE REPORT DATED 29.06.2022) Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13159 CRL.P No. 1112 of 2019 THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER DATED 17.11.2018 IN C.C.NO.16805/2017 AND PASSED BY THE LEARNED XXXVII A.C.M.M., BANGALORE AND RESTORE THE FILE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an order dated 17.11.2018 passed by the XXXVII Additional Chief Metropolitan Magistrate at Bangalore in C.C.No.16805/2017 by which, the private complaint under P.C.R.No.3847/2017 was dismissed for default. 2. The petitioner filed P.C.R.No.3847/2017. After recording his sworn statement, the trial Court took cognizance and registered it as C.C.No.16805/2017 and issued summons to the accused. When the case was listed on 17.11.2018, there was no appearance for the petitioner before the trial Court. The trial Court therefore dismissed the petition for default. - 3 - HC-KAR NC: 2026:KHC:13159 CRL.P No. 1112 of 2019 3. Being aggrieved by the said order, the petitioner is before this Court. 4. The learned counsel for the petitioner submits that the counsel for the petitioner was unwell and the junior colleague was unable to appear before the Court as he was engaged in another Court. He therefore prays that the order dismissing the criminal case be set aside and an opportunity be granted to the petitioner to contest the case on merits. The respondent No.2 though served with notice, has not appeared. The respondent No.1 is dead. 5. Having regard to the fact that the petitioner’s advocate could not appear before the Court on 17.11.2018, when the matter was set down for taking steps, it is appropriate that an opportunity is granted to the petitioner to contest the case on merits. Consequently, the order dated 17.11.2018 deserves to be set aside and C.C.No.16805/2017 deserves to be restored. 6. In view of the above, the following order is passed: - 4 - HC-KAR NC: 2026:KHC:13159 CRL.P No. 1112 of 2019 ORDER i. The criminal petition is allowed; ii. The impugned order passed by the trial Court dismissing the C.C.No.16805/2017 for default is set aside. The case is restored before the trial Court. The trial Court is directed to issue appropriate summons to the accused and proceed in accordance with law. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 2