- 1 - HC-KAR NC: 2026:KHC:2881 CRL.P No. 12435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12435 OF 2025 BETWEEN: M/S. SUNSHINE CONTROL NO. 12-13 KM, KANAKAPURA MAIN ROAD, OPP. METRO PILLAR NO. 166, DODDAKALLASANDRA, BENGALURU – 560 062. REPRESENTED BY ITS PARTNER K.L.VENKATESH. …PETITIONER (BY SRI NIRUPAN GOWDA H.N., ADVOCATE) AND: 1. M/S. ASR ENGINEERING AND PROJECTS LIMITED CORPORATE OFFICE AT NO. 306, G.P.ELITE, 8-2-283/4, ROAD, NO.14, BANJARA HILLS, HYDERABAD – 560 034. REPRESENTED BY MANAGING DIRECTOR M. VIJAYA RAGHAVA REDDY. 2. SRI M.VIJAYA RAGHAVA REDDY OFFICE AT NO. 306, G.P.ELITE 8-2-283/4, ROAD NO.14, BANJARA HILLS, HYDERABAD – 560 034. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2881 CRL.P No. 12435 of 2025 (MANAGING DIRECTOR OF RESPONDENT NO.1) …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH VIDE ORDER DATED 17/07/2025) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 19.12.2024 PASSED BY THE HONUROUBLE XVI ADDL. CJM, BENGALURU CITY IN CC.NO.12712/2022 I.E., (ANNEXURE-A) AND CONSEQUENTLY, RESTORE THE PROCEEDINGS IN CC.NO.12712/2022 BEFORE THE HONOURABLE XVI ADDL. CJM, BENGALURU CITY, BENGALURU FOR OFFENCE P/U/S. 138 OF THE N.I. ACT, 1881, FOR FURTHER PROSECUTION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 19.12.2024, passed by the XVI Additional Chief Judicial Magistrate, Bengaluru City, in C.C.No.12712/2022, by which, the criminal case in C.C.No.12712/2022 comes to be rejected for its non-prosecution, on the score that the petitioner has failed to take steps in the matter. 2. Learned counsel for the petitioner submits that if one opportunity is granted, appropriate steps would be taken and - 3 - HC-KAR NC: 2026:KHC:2881 CRL.P No. 12435 of 2025 would be diligent in prosecuting the petition before the concerned Court in future. 3. A perusal at the order would indicate that it is not an order of acquittal as is passed under Section 251 of the Cr.P.C. for the petitioner to file an appeal. In the light of the fact that the criminal case was at the stage of summons and is dismissed for its non-prosecution, I deem it appropriate to grant one opportunity to the petitioner to diligently prosecute the matter. 4. For the aforesaid reasons, the following: ORDER a. The criminal petition is allowed. b. The impugned order dated 19.12.2024, passed by the XVI Additional Chief Judicial Magistrate, Bengaluru City, stands quashed. c. The proceedings in C.C.No.12712/2022, is restored to the file of the XVI Additional Chief Judicial Magistrate, Bengaluru City. d. The petitioner is directed to appear before the concerned Court on 10.02.2026 and the concerned Court shall regulate its procedure thereafter. - 4 - HC-KAR NC: 2026:KHC:2881 CRL.P No. 12435 of 2025 e. In the event, the petitioner fails to appear on 10.02.2026, the concerned Court shall pass necessary orders in accordance with law, against which, no indulgence again would be shown to the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 1 CT:SS