- 1 - HC-KAR NC: 2026:KHC:29109 CRL.P No. 2307 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2307 OF 2024 BETWEEN: M/S. SIRIMANE CHITS BANGALORE PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR NO. 480, 2ND FLOOR IST BLOCK, 3RD STAGE BASAVESHWARANGAR BENGALURU - 560 079 RERPESENTED BY ITS AUTHORIZED MANAGER MR. GIRIRAJA S/O SHEKARAPPA AGED ABOUT 58 YEARS. …PETITIONER (BY SRI. RAJASHEKARA R.V, ADVOCATE) AND: SRI. ZAKAULLA, S/O FAZULUDDIN AGED ABOUT 57 YEARS R/AT IDGA COLONY, II ND CROSS KAREBILACHI, CHENNAGIRI TALUK DAVANAGERE DISTRICT - 577 218 AND ALSO AT RA/T E -145, 3, 173 VISHWANEEDAM POST HEGGANAHALLI, BENGALURU - 560 091. …RESPONDENT Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29109 CRL.P No. 2307 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO RESTORE THE COMPLAINT AND SET ASIDE THE ORDER DATED 31.10.2023 IN C.C.NO.12269/2023 PASSED BY THE XXXIII ADDL.C.M.M., BENGALURU TO LEAD THE PETITIONER/COMPLAINT STEPS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court calling in question an order dated 31.10.2023 in C.C.No.12269/2023 registered for the offence punishable under Sections 138 and 142 of the Negotiable Instrument Act, 1881. 2. The petitioner is the complainant. The respondent is the accused. A transaction between the two is projected to become an offence under Section 138 of the Negotiable Instruments Act. The concerned Court registers a C.C.No.12269/2023 and issues summons. The petitioner forgets the case that he has filed and does not turn up before the concerned Court and nor take steps in the matter. The - 3 - HC-KAR NC: 2026:KHC:29109 CRL.P No. 2307 of 2024 concerned Court left with no option has dismissed the petition for its non-prosecution, which resulted in closure of the complaint. The petitioner is now before the Court seeking recalling of the said order. 3. A perusal at the order sheet would indicate that the proceedings were terminated even before the notice could be served upon the respondent/accused, as the petitioner did not appear before the concerned Court on any dates. In that light, to give one more chance to the petitioner, the order stands recalled with imposition of a cost of Rs.2,500/- to be deposited before the Karnataka State Legal Service Authority. 4. For the aforesaid reason, the following: ORDER (i) Criminal petition is allowed; (ii) The order dated 31.10.2023 passed by the XXXVIII Additional Chief Metropolitan Magistrate at Bengaluru stands recalled and the petition is restored to file. (iii) The concerned Court shall regulate its procedure and take the issue to its logical conclusion. - 4 - HC-KAR NC: 2026:KHC:29109 CRL.P No. 2307 of 2024 (iv) In the event, the petitioner would remain absent again, the concerned Court is at liberty to pass appropriate orders in accordance with law. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 4