- 1 - HC-KAR NC: 2026:KHC:9108 CRL.A No. 2341 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2341 OF 2024 (A) BETWEEN: 1. SMT PARVATHAMMA W/O V.KRISHNAPPA, AGED ABOUT 64 YEARS, RESIDING AT SAI YADHAV APSET PRINTERS, STUDIUM OPPOSITE NEAR DEVAKI KALYANA MANTHAPPA MEDI, MALLASANDRA POST, A NUGONDANAHALLI HOBLI HOSKOTE TALUK, BENGALURU RURAL DISTRICT NOW RESIDING AT GANDHARVA NILAYA, BEHIND RR RESIDENCY HEGGERE VILLA TUMKURU DISTRICT …APPELLANT (BY SRI. MANJULA D, ADVOCATE) AND: 1. M R VENKATESHA S/O LATE BALE RAMAIAH, AGED ABOUT 60 YEARS, MUTHKUR VILLAGE, MEDI MALLASANDRA POST, HOSKOTE TALUK BENGALURU RURAL DISTRICT …RESPONDENT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9108 CRL.A No. 2341 of 2024 THIS CRL.A. IS FILED U/S. 378(1)(3) CR.P.C BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 25.10.2024 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC TUMAKURU IN PCR NO.26/2023 AND RESTORE THE PCR NO.26/2023 TO PROCEED THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the order dated 25.10.2024 passed by the I Additional Civil Judge and JMFC, Tumkur in PCR No.26/2023. 2. The appellant/complainant had filed a complaint under Section 138 of the Negotiable Instruments Act. The case was registered in PCR No.26/2023. On 25.10.2024, the Trial Court passed the following order: "No representation from both complainant and accused side. Call on 3.00 p.m. Case called again at 5.30 p.m. - 3 - HC-KAR NC: 2026:KHC:9108 CRL.A No. 2341 of 2024 No representation from both complainant and accused side. Sufficient time granted for complainant for Evidence. Inspite of sufficient opportunity complainant failed to lead his side evidence. Hence, this Court dismissed the case for non prosecution." 3. It is contended that the Trial Court dismissed the complaint without affording sufficient opportunity to the complainant. The observation made in the impugned order that both the complainant and the accused were absent, is incorrect. 4. Considering the facts and circumstances of the case, it is just and proper to provide an opportunity to the complainant to adduce his evidence/sworn statement. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The impugned order dated 25.10.2024 passed by the I Additional Civil Judge and JMFC, Tumkur in PCR No.26/2023 is hereby - 4 - HC-KAR NC: 2026:KHC:9108 CRL.A No. 2341 of 2024 set aside. The PCR No.26/2023 shall be restored to the file of the Trial Court. iii. The Registry is directed to send a copy of this judgment along with the Trial Court Records to the Trial Court forthwith. The Trial Court shall provide an opportunity to the complainant and thereafter proceed with the case in accordance with law. Sd/- (G BASAVARAJA) JUDGE SMC List No.: 1 Sl No.: 13