- 1 - HC-KAR NC: 2026:KHC:6129 CRL.P No. 4779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4779 OF 2025 BETWEEN: ANNAPPASWAMY SON OF SRINIVAS NAIK, AGED ABOUT 45 YEARS, OCC DRIVER, RESIDENT OF MALLIKARJUNA EXTENSION, AMARAVATHI VILLAGE, HARIHARA TALLUK DAVANAGERE …PETITIONER (BY SRI. M.R. HIREMATHAD, ADVOCATE) AND: PRAVEENKUMAR K.R. SON OF RAMALINGAPPA, AGED ABOUT 37 YEARS, OCC: DRIVER, RESIDING BEHIND LAXMI POUNDRY, OLD HARLAPURA, GUTTUR, HARIHARA -TALLUK DAVANAGERE- DISTRICT …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 21.02.2025, PASSED BY THE LEARNED 1ST ADDITIONAL CIVIL JUDGE AND JMFC, AT HARIHARA IN C.C.NO.1416/2020 (P.Cr.NO.101/2022) AND PASS SUCH OTHER APPROPRIATE JUDGMENT OR ORDER/S OR DIRECTION AS THIS HONBLE COURT DEEMS FIT UNDER FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6129 CRL.P No. 4779 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER 1. The petitioner is before this Court calling in question the order of the concerned Court dated 21.02.2025, by which, the concerned Court dismisses the complaint. 2. The petitioner is the complainant and the respondent is the accused. The petitioner registers the complaint in PCR No.101/2020 for the offence punishable under Section 138 of the Negotiable Instruments Act. The concerned Court takes cognizance of the offence and issues summons on 23.09.2020. Since then for close to five years, the petitioner has not seen the doors of the Court. If the complainant was not interested in prosecuting the petitioner, the Court was left with no choice, but to dismiss the petition for its non-prosecution by passing the following order: "Case called out. Complainant is absent. No representation. Kept by Again called out at 4.30 pm. No representation. - 3 - HC-KAR NC: 2026:KHC:6129 CRL.P No. 4779 of 2025 On perusal of the order sheet it reveals that already sufficient time is given to complainant to appeal before the court and to take steps. But complainant failed to appear before the Court and not taken proper steps even after sufficient opportunities. Thus the same shows that the complainant is not interested to proceed with the case. Hence, the present complaint is hereby dismissed for non prosecution." 3. There are no reasons indicated in the petition as to why the petitioner did not attend the court proceedings for close to five years. As such, indulgence cannot be shown to a complainant who is not willing to prosecute the complaint. The petition lacking in merit stands rejected. SD/- (M.NAGAPRASANNA) JUDGE PKS List No.: 1 Sl No.: 200