- 1 - HC-KAR NC: 2026:KHC:9107 CRL.A No. 139 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 139 OF 2023 (A) BETWEEN: M/S SREE GOWRI GANESHA CHITS PVT LTD A REGISTERED COMPANY UNDER THE INDIAN COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.307 1ST FLOOR, 2ND MAIN ROAD, 7TH CROSS ROAD DOMLUR LAYOUT, BANGALORE - 560 071 REPRESENTED BY IS MANAGING DIRECTOR M LOKESH REDDY …APPELLANT (BY SRI. V.B. RAVISHANKER, ADVOCATE) AND: K ANAND REDDY S/O LATE KRISHNA REDDY NO.35, ANAND NILAYA, 4TH CROSS ROAD PATEL STREET MUNEKOLALA MARATHALLI BANGALORE - 560 037 …RESPONDENT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9107 CRL.A No. 139 of 2023 THIS CRL.A IS FILED U/S 378(4) CR.P.C. BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 15.03.2017 PASSED BY THE XXXIII A.C.M.M., BENGALURU SMALL CAUSES COURT HALL NO.5 IN C.C.NO.27062/2012. 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 dated 15.03.2017 passed by the XIV Additional CMM, Mayo Hall Court Unit, Bangalore in C.C. No.27062/2012. 2. The appellant/complainant had filed a complaint under Section 138 of the Negotiable Instruments Act. After taking cognizance, the case was registered in C.C. No.27062/2012. 3. On 10.03.2017, the Trial Court recorded that summons had been duly served on the accused by RPAD and that the accused remained absent. Then the matter was - 3 - HC-KAR NC: 2026:KHC:9107 CRL.A No. 139 of 2023 adjourned to 15.03.2017. On 15.03.2017, the Trial Court passed the following order: "Case Called at 11.30 a.m. Neither the complainant nor his counsel offered to take steps, despite this Court given a last chance to take steps. Hence, call on by 3.00 p.m. Case called even twice at 4.15 p.m. and 5.00 p.m. Neither the complainant nor his counsel offered to take steps, though they knows that, this case is of 2012. Hence, complaint stands dismissed for non- prosecution as provided under Section 256 of Cr.P.C." 4. A perusal of the order sheet clearly discloses that on 10.03.2017 the Trial Court recorded that summons had been duly served on the accused by RPAD. Despite service of summons, the accused remained absent. In such circumstances, it was the duty of the Trial Court to issue a Non-Bailable Warrant (NBW) against the accused. 5. However, on 10.03.2017, the Trial Court did not pass any order regarding issuance of NBW and without passing any such order, adjourned the case to 15.03.2017. Even on 15.03.2017, the Trial Court did not issue NBW against the - 4 - HC-KAR NC: 2026:KHC:9107 CRL.A No. 139 of 2023 accused. Without passing an order regarding issuance of NBW, the Trial Court dismissed the case on the ground that steps were not taken, which is not sustainable in law. 6. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The impugned order dated 15.03.2017 passed by the XIV Additional CMM, Mayo Hall Court Unit, Bangalore in C.C. No.27062/2012 is hereby set aside. iii. C.C. No.27062/2012 is restored to the file of the Trial Court. iv. The appellant is directed to appear before the Trial Court on 26.03.2026 without awaiting any further notice. v. The Trial Court is directed to take necessary steps to secure the presence of the accused in accordance with law. vi. The complainant is also directed to take necessary steps in that regard. - 5 - HC-KAR NC: 2026:KHC:9107 CRL.A No. 139 of 2023 vii. The Registry is directed to send a copy of this order to the Trial Court. Sd/- (G BASAVARAJA) JUDGE SMC/List No.: 1 Sl No.: 33