- 1 - HC-KAR NC: 2026:KHC-D:1243 CRL.P No. 100935 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100935 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: THE BEERESHWAR CO-OP CREDIT SOCIETY EXAMBA BRANCH GOKAK, R/BY BRANCH MANAGER, MAHANTESH SHANKAR BISKOP, AGE. 35 YEARS, R/O. THE BEERESHWAR CO-OP. CREDIT SOCIETY BRANCH, GOKAK, TQ. GOKAK, DIST. BELAGAVI. …PETITIONER (BY SRI. MAHANTESH R. PATIL, ADVOCATE) AND: APPANNA S/O. NINGAPPA BAGEWADI AGE. 50 YEARS, OCC. AGRIL., R/O. TALAKATNAL, TQ. GOKAK, DIST. BELAGAVI. …RESPONDENT (BY SRI. D.M. MALLI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 09/03/2021 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, GOKAK IN C.C.NO.642/2015 (PC NO.163/2013) AND FURTHER RESTORE THE CASE ON ITS FILE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.02 17:04:23 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1243 CRL.P No. 100935 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri Mahantesh R. Patil, learned counsel for the petitioner, and Sri D.M. Malli, learned counsel for the respondent. 2. Perused the prayer and the impugned order. 3. The complaint filed by the petitioner came to be dismissed for non-prosecution by the learned Trial Magistrate in utter disregard of the principles of law enunciated by the Hon’ble Supreme Court in Indian Bank Association & Ors. v. Union of India & Ors.1 (Indian Bank Association). Accordingly, the said order requires to be set aside and the matter deserves to be restored for further adjudication in accordance with law. 4. Hence, the following: ORDER i. The petition is allowed. 1 AIR 2014 SC 2528 - 3 - HC-KAR NC: 2026:KHC-D:1243 CRL.P No. 100935 of 2021 ii. The complaint is restored to the file of the learned Trial Magistrate, who is directed to proceed strictly in accordance with law, following the guidelines issued by the Hon’ble Supreme Court in the case of Indian Bank Association. iii. The parties shall appear before the Trial Court without further notice on 23.02.2026. Sd/- (V.SRISHANANDA) JUDGE AC, CT:CMU LIST NO.: 3 SL NO.: 10