- 1 - HC-KAR NC: 2026:KHC:4957 CRL.RP No. 43 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 43 OF 2026 BETWEEN: SRI K RAMAKRISHNA S/O LATE KODAIAH, AGED ABOUT 49 YEARS, R/AT NO 981, BDA LAYOUT, MARIYAPPANA PALYA, 21ST CROSS, BENGALURU - 560 056 …PETITIONER (BY SRI. SHIVARAJU H.B, ADVOCATE) AND: SRI ASHOK C S/O LATE CHIKKABBAIAH, AGE ABOUT 63 YEARS, R/AT NO 13, 8TH CROSS, CHIKKABBAIAH LAYOUT, NAGAVARAPALYA C.V RAMAN NAGARA BENGALURU - 560 093 …RESPONDENT (BY SRI. .,ADVOCATE) THIS CRL.RP IS FILED U/S.397 R/W 401(FILED U/S.438 R/W SEC.442 BNSS) OF CR.P.C PRAYING D TO SET ASIDE THE JUDGMENT DATED 16.09.2025 PASSED IN CRL.A.1808/2023 BY THE LXVIII ADDL CITY CIVIL AND SESSIONS JUDGE, BENGALURU. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4957 CRL.RP No. 43 of 2026 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER The complainant is before this Court in this Criminal Revision Petition filed under Section 438 read with Section 442 of BNSS, 2023 with a prayer to set aside the judgment and order dated 16.09.2025 passed in Crl.A.No.1808/2023 by the LXVIII Additional City Civil and Sessions Judge, Bengaluru. 2. Heard the learned counsel for the petitioner. 3. The petitioner herein has initiated proceedings against the respondent before the jurisdictional Court of Magistrate in C.C.No.3639/2019 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. It appears that since the accused was not appearing before the Trial Court after his plea was recorded, non- bailable warrant was issued against him and on 12.07.2023, the Trial Court passed an order forfeiting the - 3 - HC-KAR NC: 2026:KHC:4957 CRL.RP No. 43 of 2026 bail bond and cash surety of the accused and directed the office to register a criminal miscellaneous case against the accused. 4. Aggrieved by the said order, the accused had filed Crl.A.No.1808/2023 before the Court of LXVIII Additional City Civil and Sessions Judge, Bengaluru. The said appeal was allowed on 16.09.2025 and the Appellate Court having set aside the order dated 12.07.2023 passed in C.C.No.3639/2019, has remanded the matter to the Trial Court to pass a fresh order after complying with the mandatory provisions of Section 446 of Cr.P.C and granting an opportunity of hearing to the accused. Aggrieved by the said judgment and order passed in Crl.A.No.1808/2023, the complainant is before this Court. 5. Perusal of the impugned order would go to show that the Appellate Court has set aside the order dated 12.07.2023 passed by the Court of learned Magistrate in C.C.No.3639/2019 on the ground that the mandatory - 4 - HC-KAR NC: 2026:KHC:4957 CRL.RP No. 43 of 2026 requirement of Sections 446 and 447 of Cr.P.C. was not complied by the learned Magistrate and no opportunity of hearing was granted to the accused before ordering forfeiture of his bail bond and cash surety. 6. I do not find any illegality or irregularity in the said order passed by the Appellate Court, since compliance of Section 446 of Cr.P.C. is mandatory before proceeding further against the accused to forfeit his bail bond for the reason that he had remained absent before the Trial Court. Under the circumstances, I am not inclined to entertain this petition. 7. Learned counsel for the petitioner submits that the proceedings before the Trial Court is initiated in the year 2019 and the accused is not co-operating before the Trial Court and therefore, the Trial Court may be directed to dispose of the case within a time frame. - 5 - HC-KAR NC: 2026:KHC:4957 CRL.RP No. 43 of 2026 8. Accordingly, the following: ORDER i. The Criminal Revision Petition is dismissed. ii. The Trial Court shall make endeavours to dispose of C.C.No.3639/2019 on merits as expeditiously as possible, but not later than a period of six months from the date of receipt of copy of this order. In view of the dismissal of the petition, the interlocutory applications, if any, stand disposed of. SD/- (S VISHWAJITH SHETTY) JUDGE CR