- 1 - HC-KAR NC: 2026:KHC:12682 CRL.P No. 1678 of 2026 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. 1678 OF 2026 BETWEEN: SRI B M CHOLARAJU, S/O MAHALINGAPPA, OCC: ADVOCATE, AGED ABOUT 64 YEARS, R/AT NO. 558, I ‘A’ CROSS, III MAIN, 4TH BLOCK, BASAVESHWARANAGARA, BENGALURU -560 079. …PETITIONER (BY SRI P. DHANANJAYA, ADVOCATE FOR SRI K. HANUMANTHARAYAPPA, ADVOCATE) AND: SRI KIRAN KUMAR H, S/O HANUMANTHARAYAPPA, MAJOR IN AGE, R/AT GUNDANAPALYA VILLAGE, HULIKUNTE POST, KORATAGERE TALUK, TUMAKURU DISTRICT -572 136. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (528 OF BNSS) PRAYING TO SET ASIDE THE ORDER DATED 02.12.2024 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC KORATAGERE, IN PCR NO.19/2017 U/S 138 OF NI ACT, AND RESTORE THE PCR ON THE FILE BY ALLOWING THIS REVISION PETITION. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12682 CRL.P No. 1678 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 02.12.2024, passed by the Civil Judge and JMFC, Koratagere, in PCR.No.19/2017, whereby, the private complaint preferred by the petitioner – complainant is dismissed for non- prosecution. 2. The petitioner is the complainant, who registers a private complaint on an instrument i.e., a cheque, which is executed by the respondent – accused in favour of the petitioner – complainant, in furtherance of a transaction, gets dishonoured on account of insufficient funds, when presented to the bank. 3. The issue in the lis is not with regard to the merit of the matter. The concerned Court, owing to the continuous absence of the petitioner, has dismissed the private complaint for its non-prosecution. In the light of the amount involved in the transaction being ₹5,00,000/-, I deem it appropriate to - 3 - HC-KAR NC: 2026:KHC:12682 CRL.P No. 1678 of 2026 grant the petitioner one opportunity of representing himself and taking the proceedings further. 4. For the aforesaid reasons, the following: ORDER a. The criminal petition is allowed. b. The order dated 02.12.2024, passed by the Civil Judge and JMFC, Koratagere, in PCR.No.19/2017, stands quashed. c. The private complaint in PCR.No.19/2017 stands restored. d. The petitioner shall appear before the concerned Court on 25.03.2026. e. The concerned Court shall regulate its procedure bearing in mind the observations made in the course of the order. f. In the event, the petitioner would not appear on 25.03.2026 and would remain absent in future, it is - 4 - HC-KAR NC: 2026:KHC:12682 CRL.P No. 1678 of 2026 open to the concerned Court to pass necessary orders in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 39