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NC: 2025:KHC:54790

CRL.P No. 17543 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE G BASAVARAJA

CRIMINAL PETITION NO. 17543 OF 2025 (482(Cr.PC) /

528(BNSS))

BETWEEN:

SRI MANJUNATH S

S/O LATE SHAMRAJ,

AGED ABOUT 45 YEARS,

R/AT NO.F-10, DOLLOR

HEIGHTS APTS, 12TH MAIN,

NEAR CM NATIONAL SCHOOL,

MUTHYALAMMA NAGARA,

BANGALORE - 560 054.

…PETITIONER

(BY SRI. SOMASHEKAR N.,ADVOCATE)

AND:

SMT SHAHEENTAJ

Digitally signed

by W/O ABDUL REHAMAN,

SHARADAVANI

B AGED ABOUT 32 YEARS

Location: High

Court of R/AT NO.1484, 1ST MAIN,

Karnataka

4TH CROSS, BHUVANESHWARINAGARA,

KAMALANAGARA, BANGALORE NORTH,

BANGALORE - 560 079.

…RESPONDENT

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528

BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO

SET ASIDE THE IMPUGNED ORDER DATED 20.01.2025

DISMISSING THE COMPLAINT FOR DEFAULT/NON-

PROSECUTION AND FOR NOT TAKING STEPS IN CC

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NC: 2025:KHC:54790

CRL.P No. 17543 of 2025

HC-KAR

NO.8312/2022 ARISING OUT OF PCR NO.3805/2022 ON THE

FILE OF THE XII ADDL.CJM, BANGALORE., AND ETC.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

ORAL ORDER

The complainant - petitioner has preferred this

petition against the impugned order dated 20.01.2025

passed by XII ACJM, Bengaluru, in C.C.No.8312/2022.

2. The petitioner - complainant has filed a

complaint under Section 138 of the Negotiable

Instruments Act, 1881 and same was registered in

PCR.No.3805/2022. After taking cognizance, same was

registered in C.C.No.8312/2022. After registration of

case, the Trial Court has issued summons to the accused

through RPAD, and summons was duly served. However,

the accused remained absent. Hence, the Trial Court has

issued NBW against accused, PF was paid and after issuing

NBW, the same was not returned by the concerned Police.

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NC: 2025:KHC:54790

CRL.P No. 17543 of 2025

HC-KAR

However, the Trial Court has re-issued the NBW to the

accused and passed the following order :-

"Complainant is absent. No

representation. Case once again called at

1.45 p.m., no representation. Case once

again called at 5-00 p.m., no representation.

From the order sheet it goes to show that,

inspite of giving sufficient opportunity till date

there is no representation for the complainant

to secure the accused. It appears that, the

complainant is not interested in proceeding

with this case. Hence, complaint is dismissed

for non-prosecution."

3. Once the NBW is issued by the Trial Court, it is

the duty of the Trial Court to ensure whether the NBW is

executed or not. In the case on hand, without application

of mind, the Trial Court has mechanically passed this

order, which is illegal and not-sustainable under law.

Hence, I proceed to pass the following -

ORDER

i. The Petition is allowed.

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NC: 2025:KHC:54790

CRL.P No. 17543 of 2025

HC-KAR

ii. The order dated 20.01.2025 passed by XII ACJM,

Bengaluru, in C.C.No.8312/2022, is set aside and

C.C.No.8312/2022 shall be restored to file.

iii. The complainant - petitioner is directed to appear

before the Trial Court on 28.01.2026, without seeking

any further notice.

iv. The Trial Court is directed to secure the accused by

issuing NBW through concerned Police, and after securing

the presence of accused, the Trial Court shall dispose of

the case in accordance with law.

v. Registry is directed to send a copy of the order to

the Trial Court for taking necessary steps.

SD/-

(G BASAVARAJA)

JUDGE

HNM

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