- 1 - HC-KAR NC: 2026:KHC:4009 CRL.RP No. 1915 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1915 OF 2025 BETWEEN: 1. M/S PRAKASH ROADLINES PVT LTD., REG. OFF AT NO. 108, 3RD CROSS, KALASIPALYAM, NEW EXTENSION, BENGALURU - 560 002. 2. CORPORATE OFFICE AT NO.3, DR.M.H. MARIGOWDA ROAD, NEAR LAL BAGH MAIN GATE, BENGALURU - 560 027. REP.BY IT'S DIRECTOR, MR.VAIBHAV NARANG. …PETITIONERS (BY SRI. MOHAN KUMAR H, ADVOCATE) AND: 1. M/S RCS SUPPLY CHAIN MANAGEMENT (RCS), OFFICE NO.25/93A, 1ST FLOOR, SHANKAR NAGAR MAIN ROAD, KANTEERAVA NAGAR, MAHALAKSHMI LAYOUT, BENGALURU - 560 096. REP.BY IT'S PROPRIETOR, SRI.R.CHANDRASHEKAR. 2. SRI.R.CHANDRASHEKAR, NO.13, BRUNDAVANAM, II MAIN, II BLOCK, NANDINI LAYOUT, BENGALURU - 560 096. Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4009 CRL.RP No. 1915 of 2025 …RESPONDENTS THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 15.11.2025 PASSED IN CC.NO.11789/2021 BY THE HONBLE XXIV ADDL. SMALL CAUSE JUDGE AND ACJM (SCCH-26) AT BENGALURU, FOR THE OFFENCE P/U/S 138 OF N.I ACT AND RESTORE THE SAME FROM ITS ORIGINAL PLACE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Complainants are 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 order dated 15.11.2025 in C.C.No.11789/2021, passed by the Court of XXIV Additional Small Cause Judge and Additional Chief Judicial Magistrate, Bengaluru, dismissing the complaint of the petitioners for non-prosecution. 2. Heard the learned counsel for the petitioners. Since the accused had not appeared before the Trial Court, - 3 - HC-KAR NC: 2026:KHC:4009 CRL.RP No. 1915 of 2025 service of notice on the accused in the present proceedings is dispensed with. 3. Petitioners had filed a private complaint against the respondents/accused Nos.1 and 2 before the Court of XXIV Additional Small Cause Judge and Additional Chief Judicial Magistrate, Bengaluru for offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (in short 'N.I.Act'). The Trial Court after recording the sworn statement of the complainant had taken cognizance of the alleged offence and issued summons to the accused. Since the accused was avoiding service of summons, on 19.08.2023, the Trial Court had passed an order stating that summons is deemed to be served on the accused. Thereafter, though coercive steps were taken to secure the presence of accused, the Trial Court could not secure his presence and on 15.11.2025 the complaint came to be dismissed for non-prosecution, for the reason that the there was no representation on behalf of the complainant - 4 - HC-KAR NC: 2026:KHC:4009 CRL.RP No. 1915 of 2025 before the Court on the said date. Aggrieved by the said order petitioners are before this Court. 4. Perusal of the order sheet of the Trial Court would go to show that complainant has been diligently prosecuting the complaint and repeated steps were taken on behalf of the complainant for service of summons on the accused. Since, the accused was avoiding service of summons, the Trial Court vide order dated 19.08.2023 had held that summons is deemed to be served on the accused. However, since the accused had not appeared before the Court, coercive steps were taken against the accused. The Trial Court has also issued Non-Bailable Warrant and passed proclamation order's against the accused. In spite of the same, his presence could not be secured before the Court. However, on 15.11.2025, for the reason that complainant and his advocate were absent though the matter was called twice, the Trial Court has dismissed the complaint for non-prosecution. - 5 - HC-KAR NC: 2026:KHC:4009 CRL.RP No. 1915 of 2025 5. Learned counsel for the petitioners submits that the absence of the complainants and their advocate on the said date was not deliberate and throughout, the complainants were diligently prosecuting the complaint and if an opportunity to prosecute the complaint is not given the complainants who have got a good case on merits they will be put to hardship. 6. Considering the aforesaid aspects of the matter, I am of the opinion that the order dated 15.11.2025 passed by the Trial Court needs to be set aside. Accordingly, the following: ORDER i. Criminal revision petition is allowed. ii. The order dated 15.11.2025 in C.C.No.11789/2021 passed by the Court of XXIV Additional Small Cause Judge and Additional Chief Judicial Magistrate, Bengaluru is set aside and the complaint is - 6 - HC-KAR NC: 2026:KHC:4009 CRL.RP No. 1915 of 2025 restored to file. Trial Court to proceed against the accused in accordance with law. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 7