- 1 - HC-KAR CNR: KAHC010112662019 NC: 2026:KHC:55047 CRL.P No. 2901 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.2901 OF 2019 BETWEEN: SRI H.D.VARADARAJU AGED ABOUT 57 YEARS S/O LATE DODDANNA R/AT NO.43, 9TH CROSS 9TH MAIN, MARUTHI LAYOUT HENNUR BANGALORE-560043 …PETITIONER (BY SRI KARTHIK V, ADVOCATE) AND: SRI. DEVARAJU R AGED ABOUT 38 YEARS S/O RAMAKRISHNAPPA R/AT MARUTHI LAYOUT, 9TH MAIN 12TH CROSS, HENNUR KALYAN NAGAR POST BANGALORE-560043 …RESPONDENT (BY SRI. N S BHAT, ADVOCATE) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19.01.2019 PASSED BY THE LEARNED LVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, MAYOHALL AT BENGALURU IN P.C.R.NO.50063/2018 AND ETC. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010112662019 NC: 2026:KHC:55047 CRL.P No. 2901 of 2019 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel appearing for the respective parties. 2. This petition is filed praying this Court to set aside the impugned order dated 19.01.2019 in PCR No.50063/2018 by the LVIII Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru. 3. This Court has examined the order passed by the Trial Court under Section 5 of the Limitation Act. The reason for delay of 24 days in filing the complaint is due to non- availability of acknowledgment of the legal notice from the Postal Department. The Trial Court observed that notice of the delay was also duly served to the accused but not filed any objections. When delay is only for 24 days in filing the complaint and the same is also not objected from other side, the same was condoned by the Trial Court. - 3 - HC-KAR CNR: KAHC010112662019 NC: 2026:KHC:55047 CRL.P No. 2901 of 2019 4. It is unfortunate that this petition is pending from 2019 only with regard to the delay of 24 days in filing the complaint which has been condoned by the Trial Court and the Trial Court also observed that the delay is on account of non- availability of acknowledgment of the legal notice from the Postal Department and delay is also only for 24 days. Hence, the question of entertaining the petition does not arise. Accordingly, the petition is dismissed. Sd/- (H.P.SANDESH) JUDGE SN