- 1 - HC-KAR NC: 2026:KHC:1834 CRL.A No. 1796 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1796 OF 2025 (A) BETWEEN: M. V. RAMESH AGED ABOUT 61 YEARS, S/O. LATE. M.R. VENKATARAMANAPPA RESIDING AT NO. 467, GURU KRUPA GARDEN HOUSE, JANATHA COLONY, AMRUTHAHALLI, BENGALURU - 560 092. &APPELLANT (BY SRI. PRAKASHA M., ADVOCATE) AND: SRI P.V. VIJAYA BHASKAR S/O. LATE. VENKATASWAMY NAIK AGED ABOUT 47 YEARS, PROPRIETOR OF DURGA PARAMESHWARI FUEL STATION, NEAR SUGAR FACTORY, B.H. ROAD, GOWRIBIDANUR - 561 208. &RESPONDENT (BY SRI. SHEKARAPPA, ADVOCATE) THIS CRL.A. IS 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 ORDER Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1834 CRL.A No. 1796 of 2025 PASSED BY THE HONBLE VI ADDL. SMALL CAUSES JUDGE AND ADDL. CJM AT BENGALURU CITY IN C.C.NO.11890/2022 DATED 04.06.2025 AND RESTORE THE CASE FOR FURTHER PROCEED AGAINST THE RESPONDENT. THIS APPEAL, COMING ON FOR ORDERS, 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 impugned order passed by the VI Additional Small Causes Judge and Additional Chief Judicial Magistrate, Bengaluru in C.C.No.11890/2022 dated 04.06.2025, as the Trial Court has dismissed the case for default. 2. The appellant / complainant had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as 'the N.I.Act). After taking cognizance, a case was registered in C.C.No.11890/2022 and summons was issued to the accused. In response to summons, the accused did not appear before the Court. Hence, N.B.W was issued against - 3 - HC-KAR NC: 2026:KHC:1834 CRL.A No. 1796 of 2025 the accused. Then, the accused has appeared and was enlarged on bail. On the same day, i.e., on 17.01.2023, plea was recorded. The accused pleaded not guilty and claimed to be tried. The accused filed an application under Section 145(2) of the N.I.Act with a prayer to cross examine PW1, as the complainant got examined in pre- summon stage, Then the case was posted for cross- examination of PW1 on 23.02.2023. That on 23.02.2023, the accused and PW1 were absent. Hence, case was posted on 24.03.2023. On 24.03.2023, the accused remained absent, PW1 and learned counsel for the complainant were present. The accused sought time for cross-examination. Then, the case was posted to 20.04.2023. That on 20.04.2023, PW1 was present. The accused remained absent. Hence, N.B.W was issued to the accused and case was posted to 21.06.2023. That, on 17.05.2023, advance application was filed by the accused and the same was allowed and then, the case was posted to 21.06.2023. On that day, both, the accused and PW1 - 4 - HC-KAR NC: 2026:KHC:1834 CRL.A No. 1796 of 2025 remained absent. Then, the case was posted to 03.08.2023. That on 03.08.2023, the accused was absent and E.P was filed. PW1 was present and the case was posted for settlement or cross-examination to 08.09.2023. On that day, P.O was on leave. Hence, the case was posted to 07.10.2023. Thereafter, the case was being adjourned from time to time, for the reason that the accused remained absent and N.B.W was issued against the accused several times. Despite the same, the accused remained absent. Though the Court has issued N.B.W, the concerned police have not executed the same. The Trial Court without ascertaining as to whether the N.B.W is executed or not, has blindly posted the case for steps ontwo dates. Then on 04.06.2025, the Trial Court has passed the following order; "No representation for steps. Call later. Again case is called out at 04.55 p.m. No representation from complainant to take steps against the accused. - 5 - HC-KAR NC: 2026:KHC:1834 CRL.A No. 1796 of 2025 On careful perusal of order sheet, it reveals that the complainant has no interest to prosecute the case. Hence, complaint is dismissed for default." 3. Though the complainant has taken steps for issuance of N.B.W, the Trial Court has wrongly mentioned in the order sheet that the complainant has no interest to prosecute the case. The impugned order passed by the Trial Court is not sustainable under law. Hence, I proceed to pass the following; ORDER (i) The appeal is allowed. (ii) The impugned order passed by the VI Additional Small Causes Judge and Additional Chief Judicial Magistrate, Bengaluru in C.C.No.11890/2022 dated 04.06.2025 is set aside. C.C.No.11890/2022 shall be restored to file. - 6 - HC-KAR NC: 2026:KHC:1834 CRL.A No. 1796 of 2025 (iii) Today, both the counsel are present. Hence, the both parties are directed to appear before the Trial Court on 18.02.2026 without seeking any further notice from the Trial Court. (iv) After appearance of the parties, the Trial Court is directed to dispose of the case, in accordance with law. Registry is directed to send copy of this judgment to the concerned Court. Sd/- (G BASAVARAJA) JUDGE GH List No.: 1 Sl No.: 28