Karnataka High Court
Late Sri Sushil Kumar vs Mr Mahendra Kumar on 28 March, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:13248
CRL.A No. 137 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
CRIMINAL APPEAL NO. 137 OF 2025
BETWEEN:
LATE SRI. SUSHIL KUMAR
S/O LATE BA. SUVARNA
AGED ABOUT 57 YEARS
R/AT ITHAPPA COMPOUND
K.S. RAO ROAD, HAMPANKATTA
MAGNALORE-575 001.
SINCE DEAD REPRESENTED BY
HIS LEGAL REPRESENTATIVES
1. MR. PRITAM KUMAR S,
AGED ABOUT 65 YEARS
S/O LATE B. SUVARNA
R/AT D.NO.2-23/31, FALT NO.205
Digitally signed
by DEVIKA M SHANTLA SRI RAM APARMTENTS
Location: HIGH KADRI, BAREBAIL ROAD
COURT OF MANGALORE-575 004.
KARNATAKA
2. MR. RAMESH ANAND S.,
AGED ABOUT 63 YEARS
S/O LATE B. SUVARNA
R/AT D.NO.17-18-1374/3
FLAST NO.23,
VALERIE MANOR
BRITTO LANE
NEAR FALNIR POST OFFICE,
FALNIR
MANGALORE-575 001.
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CRL.A No. 137 of 2025
3. MRS. REKHA PRAKASH KUMAR
AGED ABOUT 65 YEARS
S/O LATE CHANDRAYYA NAYAK
D.NO.1-24-1954/1
PRAKRATHI NIVAS, URWA
MANGALURU-575 006.
...APPELLANTS
(BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE)
AND:
1. MR. MAHENDRA KUMAR
S/O NARAYANA SUVARNA
AGED ABOUT 50 YEARS
D.NO.7-5-617-1, BOLOUR
MANGALURU-575 003.
...RESPONDENT
(RESPONDENT SERVED, UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) OF CR.PC (FILED U/S 419(4) BNSS) PRAYING TO SET
ASIDE THE ORDER DATED 07.10.2024 PASSED IN
C.C.NO.693/2023 BY THE HON'BLE J.M.F.C (IV COURT)
MANGALURU D.K, FOR THE OFFENCE PUNISHABLE UNDER
SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND
CONSEQUENTLY RESTORE THE COMPLAINT TO ITS ORIGINAL
STATUS
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:13248
CRL.A No. 137 of 2025
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
1. Heard the appellants' counsel. This Court issued
the notice against the respondent. The respondent served
and unrepresented.
2. The counsel appearing for the appellant would
contend that in C.C.No.693/2023 evidence of complainant
was recorded and when the case was set-down for 313
statement, the accused was absconded and hence, case
was posted for taking steps. In the meanwhile, the
complainant passed away on 08.04.2024, but NBW was
issued on 30.03.2024 and subsequently, steps was not
taken and reason for not taking steps is that legal heirs of
complainant was not aware of the same and when he
came to know about the dismissal, the present appeal is
filed.
3. Having taken note of the grounds urged in the
appeal as well as on perusal of entire order sheet it
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discloses that the Trial Court recorded the statement of
complainant and thereafter the case was posted for 313
statement and accused was absent and hence, NBW was
issued and subsequently, EP was filed and EP was rejected
vide order dated 18.03.2024 and issued NBW and NBW
was not executed and thereafter posted for the case for
taking steps to execute the warrant and in view of death
of complainant, the case could not be proceeded and
having taken note of the reasons assigned in the appeal as
well as inspite of respondent served with notice, did not
chose to appear and contest the matter.
4. Having taken note of the factual aspects that
the complainant passed away in the month of April and
could not take steps and legal representatives also not
filed any application before the Trial Court to come on
record and when they came to know about the dismissal
only, the present appeal is filed by the legal heirs of the
complainant. It is appropriate to set-aside the order and
direct the Trial Court to proceed in accordance with law if
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applications are filed before the Trial Court by the legal
heirs.
5. In view of the discussions made above, I pass
the following:
ORDER
i) The Criminal Appeal is allowed.
ii) The date is fixed for appearance before the Trial
Court on 28.04.2025 without expecting any
notice.
Sd/-
(H.P.SANDESH)
JUDGE
RHS
