- 1 - HC-KAR NC: 2026:KHC:20455 CRL.P No. 6272 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 6272 OF 2018 BETWEEN: 1. 1(a) D RAMACHANDRA DEAD BY HIS LRs SMT. PREETHI W/O VENKATESH MEHERWADE D/O LATE RAMACHANDRA MEHERWADE AGED ABOUT 48 YEARS, 1(b) PRASHANT R DHONDALE S/O D RAMACHANDRA, AGED ABOUT 48 YEARS, 1(c) PUSHPAVATHI R. DHONDALE W/O LATE RAMACHANDRA, AGED ABOUT 77 YEARS, ALL ARE R/A NO.12/10, SRI PADMA, 17TH E MAIN, 67TH CROSS, 5TH BLOCK, RAJAJINAGAR BANGALORE - 560 010. …PETITIONERS (BY SMT.VINUTA YATTINAHALLI, ADVOCATE FOR SMT.RAMA R. IYER, ADVOCATE) AND: M/s. MAX WORTH REALTY INDIA LTD, R/A K M P HOUSE, NO.12/2, YAMAUNA BAI ROAD MADHAVA NAGAR BANGALORE - 560 001. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20455 CRL.P No. 6272 of 2018 REP BY MANAGING DIRECTOR KESAVA KOLAR. …RESPONDENT (RESPONDENT - SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 17.04.2018 PASSED BY THE XXX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AND SCCH-6 IN PCR NO.5904/2016, BY ALLOWING THIS PETITION. SUBMITTED VIDE R(J) ORDER DATED 14.03.2019. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 17.04.2018 passed by XXX ACCM and SCCH-6 in PCR no.5904/2016 and consequently to restore complaint, this petition is filed. 2. Smt.Vinuta Yattinahalli, learned counsel appearing for Smt.Rama R Iyer, learned counsel for petitioner submitted that a private complaint in PCR no.5904/2016 was filed by petitioner against respondent for offence punishable under Section 138 of Negotiable Instruments Act (NI Act). It was admitted that cause of action herein was dishonour of cheque - 3 - HC-KAR NC: 2026:KHC:20455 CRL.P No. 6272 of 2018 no.916964 drawn on 24.03.2016 for ₹25,00,000. It was submitted, for dishonor of another cheque issued by accused, petitioner had filed PCR no.5900/2016 before XXX ACMM and SCCH-6, Bengaluru. And during pendency of above petition, complainant D Ramachandra died on 05.09.2017. Neither his counsel was unaware of same nor legal representatives of complainant were aware of pendency of complainant. Same led to impugned order dismissing complaint for non-prosecution. It was submitted that under similar circumstances and on same ground, private complaint no.5900/2016 was also dismissed for non-prosecution. Challenging same, Criminal Petition no.6271/2018 was filed before this Court wherein on 28.06.2022, same was allowed and therefore, submitted same would squarely cover present case and sought for allowing petition. 3. Notice was issued. Respondent is served, unrepresented. Thus, petition averments are virtually unopposed. 4. Perusal of impugned order and order sheet of proceedings in trial Court reveal that after granting several - 4 - HC-KAR NC: 2026:KHC:20455 CRL.P No. 6272 of 2018 adjournments on account of non-appearance, private complaint was dismissed for non-persecution. Said order was passed after death of complainant and without same having been brought to notice of Court by either of parties. Moreover, on same ground dismissal of other complaint is set-aside. 5. Hence, following: ORDER (i) Petition is allowed. (ii) Order dated 17.04.2018 passed by XXX ACCM and SCCH-6 in PCR no.5904/2016 is set aside. (iii) PCR no.5904/2016 stands restored. (iv) Legal representatives of deceased complainant shall file application before trial Court to come on record as legal representatives of complainant. (v) To expedite proceedings, petitioners are directed to appear before trial Court on 20.07.2026. (vi) Taking note of fact that applications were allowed by this Court, trial Court to pass - 5 - HC-KAR NC: 2026:KHC:20455 CRL.P No. 6272 of 2018 appropriate orders thereon and thereafter, proceed with matter from stage it was prior to impugned order, but in accordance with law. Sd/- (RAVI V HOSMANI) JUDGE YKL List No.: 1 Sl No.: 12