- 1 - HC-KAR NC: 2026:KHC:1160 CRL.A No. 2254 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.2254 OF 2025 (A) BETWEEN: SMT. SANTHOSH .S S/O SHRAVAN KUMAR, AGED ABOUT 33 YEARS, R/AT NO.23, 4TH CROSS, MAHADESHWARA NAGARA MAIN ROAD, MARUTHI NAGAR, BANGALORE-560091. …APPELLANT (BY SRI SATHISHA D.J., ADVOCATE) AND: SRI RAKESH KUMAR PRABHAKAR @ RAKESH S/O PRABUNATH PRABHAKAR, AGED ABOUT 34 YEARSM, R/AT GANDHI CHOWK, KHUTAUNA, MADHUBANI DISTRICT, BIHAR STATE-847227. …RESPONDENT THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C. (FILED U/S 419(4) BNSS) PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 25.10.2024 IN CASE C.C.NO.30590/2021 PASSED BY THE LEARNED XXII ADDITIONAL CHIEF METROPOLITAN COURT AT BENGALURU. THIS APPEAL COMING ON FOR HEARING – INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1160 CRL.A No. 2254 of 2025 ORAL JUDGMENT The appellant-complainant has preferred this appeal against the impugned order dated 25.10.2024 in C.C. No.30590/2021 passed by the XXII Additional Chief Metropolitan Magistrate, Bengaluru. 2. The appellant/complainant had filed a private complaint under Section 200 of Cr.P.C. read with Section 138 of the Negotiable Instruments Act, 1881, as against the accused, in P.C.R. No.15388/2021. After taking cognizance, the Trial Court has registered the case in C.C.No.30590/2021 and thereafter, summons was issued to the accused. That on 12.06.2023, the Court passed an order directing issuance of summons through RPAD through hand with the assistance of the concerned police, subject to payment of process fee. The case was posted to 04.08.2023. Thereafter, the case was adjourned from time to time till 25.10.2024. On 25.10.2024, the Trial Court passed the following order: - 3 - HC-KAR NC: 2026:KHC:1160 CRL.A No. 2254 of 2025 “Complainant called out absent. Called again and again at 2.00 p.m. 4.00 p.m. Matter called at 5.30 P.M. No representation from Complainant side. On perusal of order sheet it indicates that, inspite of granting repeated opportunity the complainant has not chosen to take steps in time. It indicates that, the Complainant is not interested in proceeding with the complaint it appears by granting further time, would serve no purpose. As no ground forth coming grant adjournment, Complaint is dismissed for default.” 3. Being aggrieved by the said order, the appellant/complainant has preferred this appeal. 4. On a careful examination of the entire order sheet, it is evident that summons were issued to the accused by the Trial Court. However, after issuance of the summons, the Trial Court failed to ascertain whether the same were duly served. Without ascertaining the service of notice, the Trial Court has mechanically passed the impugned order, which is not sustainable in law. 5. Accordingly, I proceed to pass the following: - 4 - HC-KAR NC: 2026:KHC:1160 CRL.A No. 2254 of 2025 ORDER (i) The Criminal Appeal is allowed. (ii) The order dated 25.10.2024 in C.C. No.30590/2021 passed by the XXII Additional Chief Metropolitan Magistrate, Bengaluru is set aside. (iii) The criminal case in C.C. No.30590/2021 shall be restored to its original file. (iv) The complainant is directed to appear before the Trial Court without seeking any further notice from the said Court on 15.02.2026. (v) After appearance of the appellant/complainant, the Trial Court is directed to secure the presence of the accused and proceed with the case in accordance with law. (vi) The appellant is also directed to take necessary steps before the Trial Court. The Trial Court shall provide an opportunity to - 5 - HC-KAR NC: 2026:KHC:1160 CRL.A No. 2254 of 2025 the appellant/complainant to adduce evidence. Registry is directed to send Trial Court Records along with a copy of this order to the concerned Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE MBM List No.: 1 Sl No.: 25