- 1 - HC-KAR NC: 2026:KHC:7772 CRL.A No. 1175 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1175 OF 2025 (A) BETWEEN: STCL LIMITED (A GOVT. OF INDIA UNDERTAKING), NO.7A, STC TRADE CENTER, 3RD FLOOR, NANDINI LAYOUT, BANGALORE-560096, REPRESENTED BY ITS CHIEF MANAGER -FINANCE, MR. M.S. PRABHU. …APPELLANT (BY SRI. VINAY KUTTAPPA K.S., ADVOCATE) AND: 1. META COPPER AND ALLOYS LTD., GANDHI MANSION, 3RD FLOOR, ABOVE SOUTH AFRICAN CONSULATE, 20, ALTAMOUNT ROAD, GRANT ROAD, MUMBAI-400026 2. META COPPER AND ALLOYS LTD. NEAR UPASNAGAR, P.O. ZUARINAGAR, GOA-403726. 3. SRI SUSHIL S. KHAITAN MANAGING DIRECTOR, NO.36/37, MITTAL CHAMBERS, NARIMAN POINT, MUMBAI-400021. ALSO AT: NO.14B, STERLING APARTMENT, 7TH FLOOR, 36G, DESHMUKH MARG, MUMBAI-400026 Digitally signed by MADHUSHREE H Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7772 CRL.A No. 1175 of 2025 4. SRI. P. PARVATHISEM (DELETED AS PER ORDER DATED 01/04/2017) DIRECTOR, NO.36/37, MITTAL CHAMBERS, NARIMAN POINT, MUMBAI -400021. ALSO AT: NO.301, RAMANEEYAM KALANJALI, SIDDARTH ARCADE, SAI SANKALPA NAGAR, NEAR KOUNDINYA CLUB, JEEDIMETLA VILLAGE, RANGA REDDY DISTRICT, HYDERABAD - 500055. 5. DR. ANANDA SWAROOP KHANNA DIRECTOR, NO.36/37, MITTAL CHAMBERS, NARIMAN POINT, MUMBAI -400021. ALSO AT: NO.504, GLEN CLASSIC, HIRANANDANI GARDEN, POWAI, MUMBAI 400076. 6. MR. DEEPAK MATHUR ADDITIONAL DIRECTOR, NO.36/37, MITTAL CHAMBERS, NARIMAN POINT, MUMBAI-400021. ALSO AT: G-306, GIRISIKHARA ENCLAVE, HILL TOP COLONY, ERRAMANZIL, HYDERABAD-500082. …RESPONDENTS THIS CRL.A IS FILED U/S 378(4) CR.P.C (U/S 419(4) BNSS) PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER DTD 10.02.2025 PASSED IN CC.NO.52570/2018 BY XXXIII ADDITIONAL CHIEF MAGISTRATE, AT MAYO HALL, BANGALORE, DISMISSED THE CASE BY ACQUITTING THE RESPONDENT FOR NON-PROSECUTION OF THE APPELLANT U/S 138 OF N.I ACT AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:7772 CRL.A No. 1175 of 2025 CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT This appeal is preferred against the dismissal of the case for non-prosecution. Hence, all office objections are over ruled. Notice also dispensed with. 2. The complainant/appellant has preferred this appeal against the impugned order passed by the XXXIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru in C.C.No.52570/2018 dated 10.02.2025. 3. The complainant has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'N.I.Act' for short). After taking cognizance, a case was registered in C.C.No.52570/2018. The plea was recorded. The accused pleaded not guilty and claimed to be tried. 4. PW.1 and PW.2 have adduced their evidence. The Trial Court has recorded the statement of accused Nos.4 and 7 under Section 313 of Cr.P.C. on 14.03.2024. Thereafter on behalf of accused, the application was filed - 4 - HC-KAR NC: 2026:KHC:7772 CRL.A No. 1175 of 2025 under Section 311 Cr.P.C. Same was allowed on 11.07.2024 with cost of Rs.1,000/-. Then case was posted to 12.08.2024. Thereafter, case was being adjourned from time to time for settlement. Thereafter, on 10.02.2025 the Trial Court has passed the following order: "PW.2 absent. C/C absent. Accused absent. A/C filed EP for A4 and 7. Perused. Allowed. The case called out at 11.30am, 12pm, 1pm, 2.45pm, 4pm and 5pm and 5.30pm but the complainant and C/C absent all the time. This is a matter of 2018 and it appear that the complainant is not interested in prosecuting this case as he remained absent on several occasion. Hence I am of the opinion that case is to be dismissed for non prosecution. Hence the complaint is dismissed for non prosecution". 5. A perusal of the entire order sheet would reveal that the accused has not cross-examined PW.1 and PW.2. After examination-in-chief of PW.1 and PW.2, an application was filed under Section 311 of Cr.P.C, same was rejected. Thereafter, same was allowed. Even after allowing this application, many a times accused did not - 5 - HC-KAR NC: 2026:KHC:7772 CRL.A No. 1175 of 2025 appear before the Court on all the dates of hearing. Hence, it is not just and proper to dismiss the case for non-prosecution. 6. In the interest of justice, it is just and proper to provide one more opportunity to the complainant to adduce the further evidence of PW.1 and PW.2. Hence, I proceed to pass the following order: ORDER (i) Appeal is allowed. (ii) The impugned order passed by the XXXIII Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru in C.C.No.52570/2018 dated 10.02.2025 is set aside. (iii) Appeal shall be restored. (iv) The Trial Court is directed to provide opportunity to the complainant to adduce the evidence of PW.1 and PW.2. (v) The complainant is directed to appear before the Trial Court on 16.03.2026 without seeking any further notice from the Trial Court. Thereafter the Trial Court is - 6 - HC-KAR NC: 2026:KHC:7772 CRL.A No. 1175 of 2025 directed to secure the accused and proceed with the case in accordance with law. Registry directed to send the copy of this order to the Trial Court. Sd/- (G BASAVARAJA) JUDGE GSR List No.: 1 Sl No.: 5