- 1 - HC-KAR NC: 2026:KHC:14295 CRL.P No. 483 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 483 OF 2019 BETWEEN: MR. SAI RAM SHETTY, PROPRIETOR, M/S. ORCHIDS NETWORK, NO 174, 9TH MAIN, SECTOR- 7, HSR LAYOUT, BANGALORE - 560034 …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND: 1. DBA TECHNOLOGY PVT. LTD., F-4, 1ST FLOOR, 250/333, ASHRAYA RESIDENCY, 3RD CROSS, 27TH MAIN, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE AND ALSO AT: NO 33/11, NEAR CENTRAL SILK BOARD, RUPENA AGRAHARA HOSUR MAIN ROAD, MADIWALA BANGALORE - 560068 REPRESENTED BY ITS DIRECTORS 2. MRS. MOHANA KUMARI, DIRECTOR, DBA TECHNOLOGY PVT LTD., NO 114, 1ST FLOOR, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14295 CRL.P No. 483 of 2019 SARASWATHI VIHAR, PITAM PURA, DELHI - 110034. 3. MR. SHANMUGAM MAHALINGAM, DIRECTOR, DBA TECHNOLOGY PVT. LTD., F-4, 1ST FLOOR, 250/333, ASHRAYA RESIDENCY, 3RD CROSS,27TH MAIN, BTM LAYOUT, 1ST STAGE, 1ST PHASE, BANGALORE 4. MRS.MAHALINGAM DIVALAKSHMI, DIRECTOR, DBA TECHNOLOGY PVT. LTD., NO 114, 1ST FLOOR, SARASWATHI VIHAR, PITAM PURA, DELHI - 110034. …RESPONDENTS (BY SRI.PAVAN KUMAR G, ADVOCATE FOR R3; SRI.B.J. MAHESH, ADVOCATE FOR R2; VIDE ORDER DATED 10.03.2026 NOTICE TO R1 ACCEPTED AND NOTICE TO R2 D/W) THIS CRL.P IS FILED UNDER SECTION 482 THE CODE OF CRIMINAL PROCEDURE, 1973 BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 30.07.2018 MADE IN C.C.NO.17686/2014 BY THE COURT OF VIII ACMM, BENGALURU AND RESTORE THE COMPLAINT ON FILE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14295 CRL.P No. 483 of 2019 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER This petition is filed challenging an order dated 30.07.2018 passed by XIII Additional Chief Metropolitan Magistrate, Bangalore, in C.C.No.17686/2014, by which the private complaint was dismissed for non-prosecution. 2. The petitioner herein filed P.C.R.No.690/2012 alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act (henceforth referred to as 'NI Act'). After the sworn statement was recorded, the trial Court took cognizance and registered C.C.No.17686/2014 and issued process. When the case was listed on 30.07.2018, the Court noticed that there was no representation on behalf of the petitioner in the forenoon session and also in the afternoon session. Hence, the trial Court dismissed the petition for default. Being aggrieved by the said order, the petitioner is before this Court. 3. Learned counsel for the petitioner contends that the register of adjournments maintained in the trial Court wrongly - 4 - HC-KAR NC: 2026:KHC:14295 CRL.P No. 483 of 2019 reflected an incorrect date and therefore, the petitioner and his counsel did not appear before the trial Court. He therefore prays that the impugned order be set aside and an opportunity be granted to the petitioner to contest the case on merits. 4. The respondent Nos.3 and 4 though served, have not appeared. The respondent No.1, who was served through WhatsApp has also not appeared and therefore, this Court has treated the notice to the respondent No.1 is sufficient. Notice to respondent No.2 is dispensed at the request and risk of the petitioner. 5. In view of the fact that the petitioner has claimed that the trial Court had wrongly mentioned the date in the adjournment register, the cause shown for not appearing before the Court on 30.07.2018 is due to a reason beyond the control of the petitioner and therefore, an opportunity deserves to be granted to the petitioner to contest the case on merits. 6. Accordingly, the following order is passed: ORDER i. The criminal petition is allowed; - 5 - HC-KAR NC: 2026:KHC:14295 CRL.P No. 483 of 2019 ii. The impugned order dismissing C.C.No.17686/2014 on the file of XIII Additional Chief Metropolitan Magistrate, Bangalore for default is set aside. C.C.No.17686/2014 is restored on the file of the trial Court. iii. The petitioner is directed to appear before the trial Court on 30.03.2026 along with a copy of this order. iv. The trial Court shall proceed with the matter in accordance with law. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 3