- 1 - HC-KAR NC: 2026:KHC:26997 CRL.P No. 6797 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6797 OF 2026 BETWEEN: M/S LANDSON INFRASTRUCTURE NO.76, HVV PLAZA, 4TH MAIN, 15TH CROSS, MALLESHWARAM, BENGALURU - 560 055. REPRESENTED BY ITS MANAGING PARTNER SRI. D.S. GANESH …PETITIONER (BY SRI. SRINIVAS RAO S.S., ADVOCATE) AND: 1. M/S SUDEEKSHA HEALTH CARE PVT LTD., REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, DR. SUBRAMANYAM SHARMA G. O/A, NO.7, 4TH CROSS, EAST LINK ROAD, MALLESHWARAM, BENGALURU - 560 003. 2. DR. SUBRAMANYA SHARMA G., AGED MAJOR, O/A, NO.7, 4TH CROSS, EAST LINK ROAD, MALLESHWARAM, BENGALURU - 560 003. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26997 CRL.P No. 6797 of 2026 ALSO AT: H.V.V PLAZA, NO.76, 3RD FLOOR, 4TH MAIN, 15TH CROSS, OPP. TO HIMAMSU SCHOOL, NEXT TO RV METROPOLIS LAB, MALLESHWARAM, BENGALURU - 560 055 …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.P.C. (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 26.09.2025 PASSED BY THE LEARNED XXVIII ACMM, BENGALURU, DISMISSING THE UNNUMBERED PCR AND CONSEQUENTLY RESTORE THE SAME. 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 of the concerned Court dated 26.09.2025, which dismisses the private complaint even before its registration on the score that the petitioner did not appear before the concerned Court. - 3 - HC-KAR NC: 2026:KHC:26997 CRL.P No. 6797 of 2026 2. Heard Sri. Srinivas Rao S.S., learned counsel appearing for the petitioner and have perused the material on record. 3. The petitioner is the complainant and the respondents are the accused. The instrument involved in the said transaction are certain cheques issued by the accused in favour of the complainant, all of which have been returned for want of sufficient funds or otherwise. The petitioner invokes the jurisdiction of the learned Magistrate under Section 200 of Cr.P.C. The petitioner after registration of the PCR has been blissfully ignorant of the proceedings pending before it, not one, but close to 50 adjournments are granted only for the petitioner's appearance. Therefore, there is gross dereliction on the part of the petitioner and though this Court is of the opinion that the proceedings must warrant recall and the concerned Court should be issued with a direction to proceed further, but it cannot be without exemplary costs on account of laxity on the part of the petitioner. - 4 - HC-KAR NC: 2026:KHC:26997 CRL.P No. 6797 of 2026 4. For the aforesaid reasons, the following: ORDER (i) The petition is allowed. (ii) The order dated 26.09.2025 passed by the XXVIII Additional Chief Metropolitan Magistrate, Bengaluru, stands recalled with a cost of Rs.10,000/- to be paid by the petitioner to the respondents at a later point in time, but before the commencement of proceedings. (iii) The petition is restored to file. (iv) The concerned Court shall regulate its procedure, in accordance with law. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 27