IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 884 OF 2023 (A)

BETWEEN:

SRI M GOUTAMCHAND S/O MOTILAL AGED ABOUT 36 YEARS (AS PER AADHAR CARD AGE 65 YEARS)

R/AT NO 41, N K PALYA, 1^ST CROSS 'A' STREET SHIVAJINAGAR BENGALURU 560051 …APPELLANT (BY SRI. MADHURAJA, ADV. FOR SRI. TOMY SEBASTIAN ASSOCIATES., ADVOCATES)

AND:

SRI. SRIDHAR STAFF TRAINING COLLEGE FACULTY DEPARTMENT Digitally signed by LAKSHMINARAYAN 11^TH 'A' LANE N Location: HIG H PRABHAT ROAD COURT OF KARNATAKA PUNE 411004 …RESPONDENT (VIDE COURT ORDER DATED: 03.11.2025 NOTICE TO RESPONDENT IS DISPENSED WITH.)

THIS CRL.A IS FILED U/S 374(2) CR.PC PRAYING TO SET ASIDE THE ORDER DATED 13.01.2017, DISMISSING THE COMPLAINT OF THE APPELLANT FILED AGAINST THE RESPONDENT FOR OFFENCE U.S 138 OF N.I. ACT, FOR NON - PROSECUTION, WHICH IS CONFIRMED BY THE FIRST APPELLANT COURT IN BY THE ORDER DATED 20.04.2021 PASSED IN CRL.RP.NO.509/2019 BY THE LVIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-59) BENGLAURU CITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

1. Heard on merits of the case.

2. The appellant has preferred this appeal against the order dated 13.01.2017 in C.C.No.11928/2016 passed by the XXI ACMM, Bengaluru, whereby the trial Court has dismissed the case for non-prosecution.

3. A perusal of the order sheet pertaining to C.C.No.11928/2016 on the file of XXI ACMM, Bengaluru reveals that the complainant/appellant has filed a complaint under Section 138 of NI Act. The Court has taken cognizance against the accused and case was registered in C.C.No.11928/2016. It is reflected in the order sheet dated 02.06.2016 that PF is paid and summons was issued to the accused by hand and case was posted to 22.06.2016. On that day, the Court has held that service is sufficient. Again PF was paid and NBW was issued through Audugudi Police. On 08.07.2016, PF was paid. Again NBW was issued to the accused. Thereafter, case was posted from time-to-time till 13.01.2017.

4. On 13.01.2017, the trial Court has passed the order as under:

"Complainant absent.

Called again at 4.50 pm.

Steps not taken inspite of sufficient opportunity given. Hence, the complaint is dismissed for non-

prosecution."

5. On perusal of the order sheet, it is crystal clear that the complainant has paid the PF on 08.07.2016, 27.07.2016, 11.08.2016, 27.08.2016, 07.09.2016, 13.10.2016, 04.11.2016, 22.11.2016. Despite the complainant has paid the PF to issue NBW, the Trial Court has wrongly noted in the order sheet that 'steps not taken'. When the NBW is issued by the Court, it is the duty of the Court to see whether NBW is executed or not. Instead of that, mechanically and blindly the Trial Court has passed the order 'issue NBW' on several dates, without following due procedure. The trial Court has dismissed the case for non-prosecution which is illegal and not sustainable under Law. Accordingly, I proceed to pass the following:

O R D E R

(i) The Criminal Appeal is allowed (ii) The order dated 13.01.2017 in C.C.No.11928/2016 passed by the XXI ACMM, Bengaluru, is set aside.

(iii) C.C.No.11928/2016 on the file of XXI ACMM, Bengaluru shall be restored to file.

(iv) The complainant/appellant shall appear before the trial Court on 03.12.2025 without seeking any further notice.

(v) Thereafter, the trial Court shall secure the accused by issuing NBW as the complainant has paid PF on several dates, and proceed with the case in accordance with law.

(vi) Registry is directed to send a copy of this order to the Trial Court for taking necessary action.

Sd/-

(G BASAVARAJA)

JUDGE DHA List No.: 1 Sl No.: 5