IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 349 OF 2024 (A)

BETWEEN:

M/S MARGADARSI CHITS (K) PVT LTD., NO.801 AND 802, SOUTH BLOCK MANIPAL CENTRE, DICKENSON ROAD BANGALORE-560042 BRANCH: PEENYA REPRESENTED ITS FOREMAN/MANAGER SRI N. THYAGARAJULU.

…APPELLANT (BY SRI. JAYAKUMARA P. P., ADVOCATE)

AND:

MR. R. SANJAY S/O H. RANGANATHA NO.1572, 7^TH CROSS, CORPORATION COLONY, GOVINDARAJANAGARA, Digitally signed by BANGALORE-560079.

LAKSHMINARAYAN N Location: HIGH COURT …RESPONDENT OF KARNATAKA (VIDE COURT ORDER DATED: 14.10.2025, NOTICE TO RESPONDENT IS DISPENSED WITH.)

THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 16.12.2023 PASSED BY THE HON'BLE COURT OF XXXVIII ACMM (38th ACMM) AT BENGALURU IN C.C.NO.12407/2023 AND TO RESTORE THE CASE IN C.C.NO.12407/2023 ON THE FILE OF THE HON'BLE COURT OF XXXVIII ACMM (38th ACMM) AT BENGALURU.

THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL JUDGMENT

1. Arguments heard.

2. The complainant is the appellant-Company, has filed complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'). The Court has taken cognizance against the accused for the offence under Section 138 of the NI Act and case was registered in C.C.No.12407/2023. Then summons was issued to the accused. The summons returned with shara "no such person in the address". The notice issued through RPAD also returned with shara "he left the address". Thereafter on 16.12.2023, the Trial Court has passed the following order: "Case called out.

Complainant absent. N/R. For steps finally by 4.00PM Kept by Case again called out at 4.15PM.

Complainant absent. N/R.

On perusal of the O/s it is found that since last 3 occasions the complainant is absent and has not taken any steps.

It appears that the complainant is not interested to prosecute the present case.

Hence, in view of the same the complaint stands dismissed for default."

3. It is submitted by the learned counsel for the appellant that, the appellant - Company could not trace out the correct address of the accused. If one more opportunity is given, the complainant will take necessary steps to secure the accused.

4. Considering the said submission, I proceed to pass the following:

ORDER (i) The appeal is allowed (ii) The order passed by the Trial Court dated

16.12.2023 is hereby set aside.

(iii) C.C.No.12407/2023 on the file of the XXXVIII ACMM, Bengaluru shall be restored.

(iv) The complainant is directed to appear before the Trial Court on 18.11.2025 without seeking any further notice. Thereafter, the Trial Court shall proceed with the case in accordance with law.

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

Sd/-

(G BASAVARAJA)

JUDGE DHA List No.: 1 Sl No.: 32