- 1 - HC-KAR CNR: KAHC010335352024 NC: 2026:KHC:50076 CRL.A No. 1161 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1161 OF 2024 (A) BETWEEN: 1. SRI SIDDARAJU S S/O SIDDEGOWDA, AGED ABOUT 49 YEARS, R/AT KODIYALA VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571415. …APPELLANT (BY SRI. MANJUNATH M R.,ADVOCATE) AND: 1. SRI UDAYKUMAR K S/O LATE KRISHNAPPA. R. AGED ABOUT 49 YEARS, R/AT KODIYALA VILLAGE, ARAKERE HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571415. ALSO WORKING AT UDAYKUMAR. K. PROP. JAMUNA AGRO AGENCIES, NEAR BUS STAND, KIRUGAVALU VILLAGE AND HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571430. …RESPONDENT (BY SRI. SHANKARA.,ADVOCATE) CRL.A. FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER PASSED BY Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010335352024 NC: 2026:KHC:50076 CRL.A No. 1161 of 2024 THE PRINCIPAL CIVIL JUDGE AND JMFC SRIRANGAPATNA MANDYA DISTRICT IN C.C.NO.353/2019 DATED 06.12.2022 FOR NON PROSECUTION AND TO DIRECT THE COURT BELOW TO RESTORE THE ABOVE SAID CASE BY GIVING OPPORTUNITY TO THE APPELLANT TO LEAD EVIDENCE AND TO DISPOSE IN ACCORDANCE WITH LAW IN C.C.NO.353/2019 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC SRIRANGAPATNA MANDYA DISTRICT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. The appellant has preferred this appeal against the order dated 06.12.2022 passed in CC.No.353/2019 by the Principal Civil Judge and JMFC, Srirangapattana, Mandya (for short 'the Trial Court'). 2. The appellant had filed complaint under Section 138 of NI Act. After taking cognizance, case was registered in CC.No.353/2019 and summons was issued to the accused. Accused appeared before the Trial Court and enlarged on bail. Substance of plea was recorded on 28.06.2022. Accused pleaded not guilty and claimed to be tried. Thereafter case was posted to 27.07.2022. On that day, - 3 - HC-KAR CNR: KAHC010335352024 NC: 2026:KHC:50076 CRL.A No. 1161 of 2024 complainant was present and then case was posted to 12.09.2022. That on 12.09.2022, the complainant was present. Then the case was posted to 06.10.2022. On 06.10.2022, the complainant was absent and the case was posted to 05.11.2022. On 05.11.2022 also complainant was absent and case was posted for evidence finally on 06.12.2022. On 06.12.2022, the Trial Court has passed the order as under: "Case called out. Complainant absent. Accused present. No representation from complainant side. Inspite of granting several opportunities complainant not opted to lead evidence in his side. It discloses complainant is not interested in prosecuting this case against the accused. No grounds to adjourn the case for the same stage. Hence, this case is dismissed for non-prosecution." 3. It is submitted by the learned counsel for the appellant that the appellant was suffering from jaundice. On 06.10.2022, he was under treatment. Considering the submission of appellant's counsel and facts and - 4 - HC-KAR CNR: KAHC010335352024 NC: 2026:KHC:50076 CRL.A No. 1161 of 2024 circumstances of the case, in the interest of justice, one more opportunity may be given to the complainant to prosecute this case. Hence, I proceed to pass the following: O R D E R (i) Appeal is allowed; (ii) The impugned order dated 06.12.2022 passed in CC.No.353/2019 by the Principal Civil Judge and JMFC, Srirangapattana, Mandya, is set aside; (iii) CC.No.353/2019 on the file of Principal Civil Judge and JMFC, Srirangapattana, Mandya, shall be restored; (iv) The complainant is directed to appear before the Trial Court on 26.10.2026, without seeking any further notice; (v) The Trial Court is directed to secure the presence of accused and proceed with the case in accordance with law; - 5 - HC-KAR CNR: KAHC010335352024 NC: 2026:KHC:50076 CRL.A No. 1161 of 2024 (vi) Registry is directed to send the records along with copy of the this Order, to the trial Court. Sd/- (G BASAVARAJA) JUDGE DHA LIST NO.: 1 SL NO.: 42