Karnataka High Court
K V Thulasiram Since Deceased By Lrs Smt ... vs Mahadeva Gowda on 14 November, 2025
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NC: 2025:KHC:46751
CRL.A No. 2248 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 2248 OF 2025 (A)
BETWEEN:
1. K V THULASIRAM
SINCE DECEASED BY LRS
A SMT. RAJESWARI
W/O LATE K V THULASIRAM
AGED ABOUT 69 YEARS
B K T GOVIND
S/O LATE K V THULASIRAM
AGED ABOUT 38 YEARS
C K T SHESHAGIRI
S/O LATE K V THULASIRAM
AGED ABOUT 34
Digitally signed A TO C ARE R/AT NO. 1
by 2ND CROSS, K V LANE
SHARADAVANI
B COTTONPET,
Location: High BENGALURU 53
Court of
Karnataka
D K T LALITHA
D/O LATE K V THULASIRAM
W/O U R NAGESH
AGED ABOUT 48 YEARS
R/AT NO.1/1 1ST CROSS
BASAVARAJA LANE COTTONPET
BENGALURU 560 053
E K T SARASWATHI
D/O LATE K V THULASIRAM
W/O G P GAJENDRA
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NC: 2025:KHC:46751
CRL.A No. 2248 of 2025
HC-KAR
AGED ABOUT 45 YEARS
R/AT NO. 22 A 4TH MAIN ROAD
PATTEGARPALYA, BENGALURU.
F SMT. GEETHA
D/O LATE K V THULASIRAM
W/O D G KRISHNA
AGED ABOUT 43 YEARS
R/AT NO.60 K V TEMPLE STREET
OPP CHICKPET POLICE STATION
BANGALORE 560 053
...APPELLANTS
(BY SRI. RAMACHANDRAPPA D N., ADVOCATE)
AND:
MAHADEVA GOWDA
R/AT NO. 52, 1ST FLOOR
HRITICA GARDEN
HALEHALLI MAINROAD
HEBRON ENCLAVE ROAD
T C PALYA, K R PURAM
BENGALURU 560 036
...RESPONDENT
(V/O DTD 14.11.25, NOTICE TO RESPONDENT IS D/W)
THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S
419(4) BNSS) PRAYING TO SET ASIDE THE ORDER PASSED IN
C.C.NO.8363/2023 BY THE XXIII A.C.M.M BENGALURU DATED
08.09.2025 AND REMAND BACK FOR FRESH DISPOSAL.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:46751
CRL.A No. 2248 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The appellants/complainants have preferred this appeal
against the order dated 08.09.2025 passed in
C.C.No.8363/2023 on the file of XXIII Additional Chief
Metropolitan Magistrate at, Bengaluru.
2. The appellant/complainant had filed a complaint
under Section 138 of Negotiable Instruments Act and the same
was registered in PCR No.14569/2022. Thereafter, case was
registered in C.C.No.8363/2023. Summons was issued to the
accused. The trial Court has observed in the order sheet that as
per order dated 07.07.2025 summons has been issued through
WhatsApp and summons sent through WhatsApp has not been
served as per shara made by the office. Then the case is posted
to steps by 08.09.2025. On 08.09.2025, the trial Court has
passed the following order:-
"Perused the order sheet and noticed that
complainant is regularly absent and no
representation from complainant side and not taken
steps. Already sufficient time has been granted, but
complainant has not taken steps to issue warrant
against the accused. It shows that complainant is
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HC-KAR
not interesting in conducting case. Hence complaint
is dismissed for default."
3. It is submitted by the learned counsel for
appellants/complainants that on 08.09.2025, the legal
representative No.(a) was not feeling well and their counsel
was absent as he has gone to his native place to attend the sick
father. Considering the submission, it is just and proper to
provide any more opportunity to the appellants/complainants to
take necessary steps to secure the accused.
4. Hence, I proceed to pass the following:-
ORDER
i). The appeal is allowed.
ii). The impugned order dated 08.09.2025
passed in C.C.No.8363/2023 on the file of XXIII
Additional Chief Metropolitan Magistrate at,
Bengaluru, is set aside.
iii). C.C.No.8363/2023 shall be restored.
iv). The appellants/complainants are
directed to appear before the trial Court without
seeking any further notice on 04.12.2025.
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v). The appellants/complainants are
directed to take necessary steps to secure the
accused.
vi). Registry is directed to send copy of this
order to the trial Court for taking necessary actions.
Sd/-
(G BASAVARAJA)
JUDGE
GPG
