- 1 - HC-KAR NC: 2026:KHC:30380 CRL.P No. 10021 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 10021 OF 2021 BETWEEN: SMT. DEEPA TULSIANI W/O MUKESH KUMAR TULSIANI AGED ABOUT 51 YEARS, RESIDING AT D-204, AKMEBALLET APARTMENTS, DODDANEKUNDI BANGALORE - 560 037 MOBILE NO. 9845142550. …PETITIONER (BY SRI. P. VITTAL SHETTY, ADVOCATE) AND: M/S. AFRIDI CONSTRUCTION ENTERPRISES NO. 306, 1ST MAIN ROAD, BALAJI LAYOUT, HEGDE NAGAR, BANGALORE - 560 024 REPRESENTED BY ITS PROPRIETOR HAIDER ALI, S/O GHULAM MEHABOOB AGED ABOUT 41 YEARS PRESENTLY RESIDING AT C/O HYZADIN LALTU SHYAM NAGAR POST OFFICE, NEAR POLASIST WEST BENGAL - 741 156. …RESPONDENT (BY SRI. KALLANDAR KOYLA, ADVOCATE (ABSENT)) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30380 CRL.P No. 10021 of 2021 THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 06.11.2021 IN C.C.NO.53761/2018 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV ACMM, COURT AT MAYO HALL BENGALURU WHEREIN DISMISSING THE COMPLIANT FOR NON PROSECUTION AND RESTORE THE SAME ON THE FILE OF THE ENABLING THE PETITIONER TO PROCEED WITH THE CASE AGAINST THE RESPONDENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging order dated 06.11.2021 passed by V Additional Small Causes Judge and XXIV ACMM, Mayo Hall, Bengaluru, in C.C.no.53761/2018 dismissing complaint for non- prosecution, this petition is filed. 2. Sri P.Vittal Shetty, learned counsel for petitioner submitted that alleging offence punishable under Section 138 of Negotiable Instruments Act, 1881 (NI Act), petitioner- complainant had filed PCR.no.50686/2018. On taking cognizance, same was registered as C.C.no.53761/2018 and petitioner was duly prosecuting same. On 31.03.2021, Trial - 3 - HC-KAR NC: 2026:KHC:30380 CRL.P No. 10021 of 2021 Court had ordered re-issuance of non-bailable warrant by hand. On ground that petitioner-complainant had not taken non- bailable warrant, petition came to be dismissed for non- prosecution on 06.11.2021, without providing adequate opportunity to petitioner especially as accused was located in West Bengal and during prevalence of COVID-19 Pandemic. Therefore, sought for allowing petition. 3. Notices were issued. Sri Kallandar Koyal, Advocate who represented accused before trial Court had appeared herein and undertaken to file vakalath. This would indicate that service is complete and petition averments are uncontroverted. Since matter is pending from 2021, it is taken up for disposal. 4. Heard learned counsel. Perused material on record. 5. From above, filing of complaint by petitioner against respondent - accused is not in dispute. Perusal of certified copy of ordersheet of trial Court proceedings reveal that on account of default committed by respondent-accused, non- bailable warrant came to be issued. On 31.03.2021, same was ordered to be issued by hand. Ordersheet indeed notes non- bailable warrant to be not taken. Thereafter matter was - 4 - HC-KAR NC: 2026:KHC:30380 CRL.P No. 10021 of 2021 adjourned on two occasions. On subsequent occasion, noting default by complainant to receive non-bailable warrant, petition is dismissed for non-prosecution. 6. Perusal of orders dated 18.08.2021 and 16.10.2021 do not record that non-bailable warrant was not taken. In any case, fact that it was during prevalence of COVID-19 Pandemic, adequate opportunity was required to be granted. For failure, impugned order would be unsustainable. 7. Hence, without any more, Petition is allowed. Impugned order dated 06.11.2021 is set aside. C.C.no.53761/2018 is restored on file of Magistrate. Trial Court is directed to proceed with matter from stage it was pending as on 06.11.2021 after notifying to respondent - accused. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 2