- 1 - HC-KAR NC: 2026:KHC:9574 CRL.A No. 1722 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.1722 OF 2024 (A) BETWEEN: 1. M/S LAKSHMI GOLD KHAZAANAA PVT LTD A COMPANY REGISTERED UNDER, THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT, NO.475, 6TH CROSS, SAMPIGE MAIN ROAD, MALLESHWARAM, BENGALURU - 560 003. REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, MR K K S RAJEN. …APPELLANT (BY SMT. VANDANA P L, ADVOCATE) AND: 1. M/S POWERSMART MEDIA (OPC) PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING REGISTERED OFFICE AT , NO.2/77, 5TH FLOOR, HOSAHALLI, GOLLARAPALYA, MAGADI MAIN ROAD, VISHWANEEDAM POST, BENGALURU 560 091. ALSO HAVING OFFICE AT, NO. 7, BOMBAY DYEING ROAD, MARUTHI EXTENSION, GOKULA, MATHIKERE, BENGALURU 560 057. Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9574 CRL.A No. 1722 of 2024 REPRESENTED BY ITS DIRECTOR, MR RAKESH SHETTY. 2. MR RAKESH SHETTY DIRECTOR, M/S POWERSMART MEDIA (OPC) PVT LTD., NOP. 7, BOMBAY DYEING ROAD MARUTHI EXTENSION, GOKULA, MATHIKERE, BENGALURU - 560 057. 3. MR MADHU DIRECTOR, M/S POWERSMART MEDIA (OPC) PVT LTD., NO. 7, BOMBAY DYEING ROAD, MARUTHI EXTENSION, GOKULA, MATHIKERE, BENGALURU - 560 057. …RESPONDENTS (VIDE ORDER DATED 16.02.2026, NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS CRL.A IS FILED UNDER SECTION 378(4) CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO SET ASIDE THE ORDERS DATED 21.06.2024 PASSED IN PCR NO.2016/2023 BY THE HON’BLE COURT OF THE III ADDL. CMM, BENGALURU VIDE ANNEXURE-A AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON’BLE MR. JUSTICE G BASAVARAJA - 3 - HC-KAR NC: 2026:KHC:9574 CRL.A No. 1722 of 2024 ORAL JUDGMENT The appellant has preferred this appeal against the order passed by the III ACMM., Bengaluru, dated 21.06.2024. 2. The appellant/complainant has filed complaint under Section 200 of Criminal Procedure Code for the offences punishable under Sections 406, 420, 324, 506, 120B r/w Section 34 of Indian Penal Code. 3. After filing the complaint, the Trial Court has passed an order to register the case as PCR. Accordingly, case was registered in PCR No.2016/2023. Then the case was posted for hearing from time to time and that on 21.06.2024 the Trial Court has passed the following order: “Case again called out. Complainant absent. No representation. On perusal of the order sheet, since 07.03.2023 it has been adjourning fro hearing, but complainant not present and no one represent the complainant. It appears that, complainant is not interested to proceed the case. Hence, complaint is dismissed for non-prosecution. File closed accordingly.” - 4 - HC-KAR NC: 2026:KHC:9574 CRL.A No. 1722 of 2024 4. When the complaint is filed before the Magistrate for the offences which are cognizable in nature, then the Trial Court ought to have applied its mind ‘Whether sworn statement is required or case is to be referred to the investigation under Section 156 (3) of Cr.P.C or to hear on maintainability’. Instead of following such procedure, the Trial Court has dismissed the complaint without application of mind. The Trial Court has mechanically passed this Order which is not sustainable under law. 5. Accordingly, I proceed to pass the following: ORDER (i) Appeal is allowed. (ii) The impugned order passed by the III ACMM, Bengaluru in PCR No.2016/2023 dated 21.06.2024 is set aside. (iii) PCR No.2016/2023 shall be restored. (iv) The Trial Court is directed to provide opportunity by securing the presence of complainant and thereafter shall proceed with the case in accordance with law. - 5 - HC-KAR NC: 2026:KHC:9574 CRL.A No. 1722 of 2024 (v) Registry is directed to send the copy of this order to the Trial Court. Sd/- (G BASAVARAJA) JUDGE MR List No.: 1 Sl No.: 15