Karnataka High Court
M/S Trawealth India Pvt Ltd vs Mr Mahesh Reddy on 4 August, 2025
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NC: 2025:KHC:30019
CRL.A No. 44 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 44 OF 2024 (A-)
BETWEEN:
1. M/S TRAWEALTH INDIA PVT LTD
OFFICE AT NO.14, KAVERIAPPA LAYOUT,
MILLER TANK BUNK ROAD,
BENGALURU 560075.
REP BY ITS MANAGER
MR.UMESH BABU
2. M/S TRAWEALTH INDIA PVT LTD
REP BY ITS MANAGER,
MR UMESH BALARAJ.A,
AGED ABOUT 42 YEARS,
S/O ANDREW, R/AT NO.6,
15TH CROSS, EJIPURA MAIN ROAD,
EJIPURA VIVEKNAGAR POST,
BENGALURU 560047.
...APPELLANTS
(BY SRI. S JAGAN BABU., ADVOCATE)
Digitally
signed by AND:
SREEDHARAN
BANGALORE
SUSHMA MR.MAHESH REDDY
LAKSHMI AGED ABOUT 47 YEARS,
Location: High
Court of S/O RAMA REDDY,
Karnataka R/AT FLAT NO.202,
SHIVA DURGA LAND MARK APARTMENT,
80 FEET ROAD, SRINIVASA NAGAR,
OPP TO SHANKARNAG PLAY GROUND,
BENGALURU 560085.
ALSO AT.
NO.31, AYYAPPA REDDY GARDEN,
NEAR KESHAVA THEATER,
BEHIND LIC COLONY,
ESHWANTHPUR, BENGALURU 560085.
...RESPONDENT
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NC: 2025:KHC:30019
CRL.A No. 44 of 2024
HC-KAR
THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C.
PRAYING TO SET ASIDE THE ORDER OF DISMISSAL FOR NON-
PROSECUTION DATED 25.11.2023 PASSED BY THE XXVII
ADDL.C.M.M., BENGALURU IN C.C.NO.23766/2023 AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
1. This appeal has been filed by the appellant being
aggrieved by the order dated 25.11.2023 in C.C
No.23766/2023, wherein the Trial Court dismissed the
complaint for non-prosecution.
2. Heard Sri.S.Jagan Babu, learned counsel for the
appellant.
3. It is the submission of learned counsel for the
appellant that, on 05.10.2023, the accused filed vakalath along
with an application under Section 205 of Cr.P.C. The accused
was exempted from his appearance. On 16.10.2023, the
accused remained absent and NBW was issued. The matter
was adjourned to 18.11.2023. The learned counsel further
submitted that due to oversight, the date has been mentioned
on the docket as 28.11.2023 instead of 18.11.2023. In the
NC: 2025:KHC:30019
HC-KAR
meantime, on 17.10.2023, the respondent had advanced the
matter and got the NBW recalled. On 18.11.2023, 20.11.2023
and 25.11.2023, the complainant remained absent. Therefore,
the matter has been dismissed for non-prosecution.
4. Having considered the valid reason assigned by the
learned counsel for the appellant, it is appropriate to set aside
the order on payment of cost of Rs.5,000/- payable to
Karnataka State Legal Services Authority. It is needless to say
that the matter may be proceeded from the stage where it has
stopped.
5. Accordingly, I proceed to pass the following:
ORDER
i) The criminal appeal is allowed.
ii) The order dated 25.11.2023 passed in C.C
No.23766/2023 by the Additional Chief Metropolitan
Magistrate, Bengaluru is set aside.
iii) The Trial Court is directed to proceed with the
matter on receiving the receipt for having paid the
costs.
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HC-KAR
iv) The parties are hereby directed to appear before the
Trial Court on 30.08.2025.
SD/-
(S RACHAIAH)
JUDGE
UN
