- 1 - HC-KAR NC: 2026:KHC:34358 CRL.P No. 8376 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.8376 OF 2026 (482 (Cr.PC)/ 528(BNSS)) BETWEEN: M/S VTT TRANSPORT SOLUTIONS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO.3RD MAIN ROAD, MUNESHWARA TEMPLE STREET VENKATEGOWDA LAYOUT, HEBBAL - KEMPAPURA BENGALURU - 560 024 KARNATAKA INDIA REPRESENTED BY ITS DIRECTOR / AUTHORISED REPRESENTATIVE SRI KISHAN G., S/O SRI GANESH K AGED ABOUT 29 YEARS, R/AT NO.56, 3RD MAIN, MUNESHWARA TEMPLE STREET, NEAR AYYAPPA TEMPLE, KEMPAPURA HEBBAL, BANGALORE NORTH - 560 024. …PETITIONER (BY SRI. VINOD KUMAR M., ADVOCATE) AND: SRI RAJESH M S/O SRI V MOHAN DOSS, AGED ABOUT 43 YEARS, PERMANENT RESIDENT OF NO.10/39, SABAPATHY CROSS STREET, AYANAVARAM, CHENNAI - 600 023. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34358 CRL.P No. 8376 of 2026 TAMIL NADU. AND PERMANENTLY RESIDING AT FLAT NO.802, “IVORY”, HM WORLD CITY NEAR VINAYAKA THEATRE, JAYANAGARA, BENGALURU - 560 108. …RESPONDENT THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 25.02.2025 PASSED IN C.C.NO.7284/2022 BY THE LEARNED X ADDL SCJ AND ACMM AT BENGALURU CITY DISMISSING THE COMPLIANT FOR NON- PROSECUTION AND RESTORE THE SAID COMPLAINT TO ITS ORIGINAL FILE AND NUMBER, WITH A DIRECTION TO THE LEARNED TRIAL COURT TO PROCEED WITH THE CASE IN ACCORDANCE WITH LAW AND DISPOSE OF THE SAME ON MERITS WITHIN SUCH TIME AS THE HONBLE COURT MAY DEEM FIT. 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 seeking the following prayer: “WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to: a) Call for the entire records of C.C.No.7284/2022 on the file of the X Additional Small Causes Judge and Additional Chief Metropolitan/Judicial Magistrate, Court - 3 - HC-KAR NC: 2026:KHC:34358 CRL.P No. 8376 of 2026 of Small Causes, Bengaluru (SCCH 12) (ANNEXRUE - A). b) Set aside the order dated 25.02.2025 passed in C.C.No.7284/2022 by the learned X ADDL SCJ & ACMM AT BENGALURU CITY, dismissing the complaint for non prosecution, and restore the said complaint to its original file and number, with a direction to the learned Trial Court to proceed with the case in accordance with law and dispose of the same on merits within such time as this Hon'ble Court may deem fit;” 2. The learned counsel appearing for the petitioner submits that the issue in the lis stands answered by the judgment rendered by the Co-ordinate Bench of this Court in the case of M/s Rinse Top Tex Private Limited Vs. Sri Sai Creations and Another in Crl.P.No.11598/2024 DD. 25.01.2025, wherein the Co-ordinate Bench of this Court at paragraph Nos.4 and 5 held as under: “4. A perusal of the material will indicate that in the light of specific assertions on the part of the petitioner that he could not be present along with his counsel on 22.07.2024, nor pay the necessary process fee is due to bonafide reasons, unavoidable circumstances and sufficient cause, I deem it just and appropriate to adopt justice - 4 - HC-KAR NC: 2026:KHC:34358 CRL.P No. 8376 of 2026 oriented approach and set aside the impugned order dated 22.07.2024 and restore the case back on the file of the Trial Court for disposal in accordance with law. 5. In the result, the following: ORDER (i) The petition is allowed. The impugned order dated 22.07.2024 is set aside. (ii) The proceedings in C.C. No.15846/2024 is restored to the file of Trial Court. (iii) The petitioner undertakes to appear before the Trial Court on 17.02.2025 and pay the necessary process fee, charges etc., for issuance of notice to the respondents on 17.02.2025 without seeking any adjournment under any circumstances whatsoever.” 3. In view of the decision of the Co-ordinate Bench of this Court in M/s Rinse Top Tex Private Limited’s case, this Court passes the following: ORDER (i) The petition is allowed. (ii) The impugned order dated 25.02.2025 is set aside. (iii) The proceeding in C.C.No.7284/2022 is restored to the file of Trial Court. - 5 - HC-KAR NC: 2026:KHC:34358 CRL.P No. 8376 of 2026 (iv) The petitioner undertakes to appear before the Trial Court on 05.08.2026 and pay the necessary process fee, charges etc., for issuance of notice to the respondent on 05.08.2026 without seeking any adjournment under any circumstances whatsoever. Sd/- (M.NAGAPRASANNA) JUDGE PB List No.: 2 Sl No.: 146