Karnataka High Court
Sri Ganesh Sai Finance And Pawn Broking vs Shri Yathindra M Patel on 6 November, 2025
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NC: 2025:KHC:45175
CRL.A No. 350 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO.350 OF 2025 (A)
BETWEEN:
SRI GANESH SAI FINANCE
AND PAWN BROKING,
NO. 107/1, 2ND FLOOR, 3RD MAIN,
MOUNT JOY EXTENSION,
HANUMANTH NAGAR,
BENGALURU - 560 019.
REPRESENTED ITS
AUTHORIZED SIGNATORY,
SHRI. CHANDRASHEKAR R,
AGED ABOUT 42 YEARS,
SON OF K. RAMAIAH,
THE REPRESENTATIVE OF APPELLANT
COMPANY IS CHANGED TO
SHRI.CHANDRASHEKAR.R
AUTHORIZATION LETTER
PRODUCED AFTER VAKALATHAMMA)
...APPELLANT
Digitally signed by
LAKSHMINARAYAN N
Location: HIGH (BY SRI. ANANDA S. G., ADV.)
COURT OF
KARNATAKA
AND:
SHRI YATHINDRA M. PATEL
SON OF K. MANJUNATH,
AGED ABOUT 35 YEARS,
RESIDING AT NO. 60,
RAJATHADRI NILAYA, 7TH CROSS,
M.R. GARDEN, MUTHOOT FINANCE,
V. NAGENAHALLI, R.T. NAGAR,
BENGALURU - 560 050
...RESPONDENT
(BY SRI. ANIL KUMAR C., ADV.)
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NC: 2025:KHC:45175
CRL.A No. 350 of 2025
HC-KAR
THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S
419(4) OF BNSS) PRAYING TO SET ASIDE THE ORDER DATED
07.12.2024 PASSED BY THE LEARNED XVI ADDL. CJM,
BANGALORE IN C.C.NO.19684/2022 AS ANNEXURE-A.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The complainant/appellant has preferred the appeal against the order dated 07th December, 2024 passed in CC No.19684 of 2022 by the XVI Additional Chief Judicial Magistrate, Bangalore, by which order, the trial court has dismissed the complaint for non-prosecution.
2. Brief facts leading to this appeal are that the complainant has filed complaint under section 138 of Negotiable Instruments Act, 1881 and the same came to be registered in PCR No.1764 of 2020. After taking cognizance, case was registered in CC No.19684 of 2022. Thereafter, summons was issued to the accused by Speed Post. The order sheet maintained by the trial Court reveals that the summons was duly served on 17th March 2025. The accused remained absent and hence NBW was issued and case was posted to 15th May -3- NC: 2025:KHC:45175 CRL.A No. 350 of 2025 HC-KAR 2023. On that day again NBW was issued against the accused and case was posted to 10th July 2023. On 10th July 2023 also, both were absent and the Court has passed the order to re- issue NBW to the accused and ordered to list the case on 26th October 2023. On 26th October 2023, complainant was absent and accused was present, advocate for the complainant filed application under section 302 of Code of Criminal Procedure. Thereafter, notice was issued to the accused and case was posted on 19th December 2023. Again on 19th December 2023, Court has passed an order for insurance of NBW to the accused and posted the case on 23rd January 2024. On that day steps was taken and NBW was issued and the case was posted on 5th April 2024. On 5th April 2024, also steps was taken and again the court passed an order to re-issue NBW to the accused and to list the case on 5th August 2024. On 5th August 2024, the accused remained absent and court has passed the order to re- issue NBW and case was posted on 7th December 2024. On 7th December 2024, the court has passed the following order.
"Advocate for complainant called out twice, absent. Complainant also absent. Steps not taken. Hence, complaint is dismissed for non-prosecution." -4-
NC: 2025:KHC:45175 CRL.A No. 350 of 2025 HC-KAR
3. The entire order sheet placed before this court reveals that the complainant has taken steps to issue NBW. The court has also issued NBW several times. But the court has not ascertained as to whether the NBW is executed or not. Once the NBW is issued, it is the duty of the court to ensure as to whether the NBW is executed or not. Without following due procedure, mechanically and without assigning any proper reasons, the trial court has dismissed the complaint which is not sustainable under law. Accordingly, I proceed to pass the following:
ORDER i. Appeal is allowed;
ii. Order dated 07th December, 2024 passed in CC No.19684 of 2022 by the XVI Additional Chief Judicial Magistrate, Bangalore, is set aside; CC No.18684 of 2022 is restored to its file; iii. Both the learned Counsel present before this court. Hence, both the parties are directed to appear before the trial court on 09th December -5- NC: 2025:KHC:45175 CRL.A No. 350 of 2025 HC-KAR 2025, without seeking any further notice in this regard;
iv. If the accused/respondent does not appear before the trial court, the trial court is directed to issue NBW to the accused and thereafter shall proceed with the matter in accordance with law;
v. Registry is directed to send the copy of disorder along with the trial court records to the concerned court for taking necessary action; vi. The trial court is directed to dispose of the case as expediently as possible as the matter is of the year 2020.
Sd/-
(G BASAVARAJA) JUDGE lnn List No.: 1 Sl No.: 49