Karnataka High Court
Sri. S. Ganeshan vs Sri K Vengataraman @ Mani on 18 November, 2025
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NC: 2025:KHC:47406
CRL.A No. 173 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 173 OF 2024 (A)
BETWEEN:
1. SRI. S. GANESHAN
S/O SHANKARAPPA
AGED ABOUT 64 YEARS
R/A NO.4
THIRUPALAYA, HEBBUGODI
BOMMASANDRA POST, ANEKAL TALUK
BENGALURU - 560 099.
...APPELLANT
Digitally signed
by
SREEDHARAN (BY SRI. BHASKAR BABU H J, ADVOCATE)
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of AND:
Karnataka
1. SRI K VENGATARAMAN @ MANI
S/O SRI. KRISHNASWAMY
AGED ABOUT 40 YEARS
C/O. "ZEDU INVESTMENTS"
BUSINESS NO.4/438
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CRL.A No. 173 of 2024
HC-KAR
R/AT NO 7,
1ST FLOOR
'KALPASHREE', 2ND MAIN
MUNEDRA NAGARA, BAGALURU
MAIN ROAD, HOSUR
KRISHNAGIRI DISTRICT, TAMIL NADU
HOSUR - 635 109.
...RESPONDENT
(V/O DATED 18/11/2025 NOTICE TO
RESPONDENT IS DISPENSED WITH)
---
THIS CRL.A IS FILED U/S 378(4) CR.PC PRAYING TO SET
ASIDE THE ORDER DATED 27.07.2022 PASSED BY THE COURT
OF XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT
BENGLAURU IN C.C.NO.11568/2018, DISMISSING THE CASE
FOR NON PROSECUTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
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NC: 2025:KHC:47406
CRL.A No. 173 of 2024
HC-KAR
ORAL JUDGMENT
1. The appellant/complainant has preferred this appeal
against the order dated 27.07.2022 in C.C
No.11568/2018 passed by the learned XVI Additional
Chief Metropolitan Magistrate at Bengaluru that the trial
Court had dismissed the complaint for non-prosecution.
2. The appellant/complainant has filed a complaint under
Section 200 of Cr.P.C r/w Section 138 of N.I Act. The
case was registered in PCR No.6008/2018. After taking
cognizance, the case was registered in C.C
No.11568/2018. Summons was issued to the accused
through RPAD. The accused remained absent. Hence,
NBW was issued but the same was not returned. Before
appearance of the accused, the order sheet reveals that
though the accused has not appeared, the trial Court has
blindly referred the matter to Lok Adalat for three times.
Thereafter, the Court has passed the order on
27.07.2022, which reads as under:
"Case called out. Complaint absent. Accused
absent. No representation. Hence, call on
27.07.2022.
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HC-KAR
Again case called out. Complainant absent. No
representation. Hence, call on 27.07.2022
Again case called out. Complainant absent. No
representation. Hence, call on 27.07.2022.
Again case called out at 04.15 p.m.
Then, the Court has passed the following order:
"Complainant called out, absent. No
representation for complainant. Perused the
records. There are more than 27 dates of
hearing running around for more than 4
years for steps and also for service of
summons and execution of NBW and to
furnish the process fee. But the complainant
continuously remained absent. Inspite of
sufficient opportunity were given, the
complainant continuously remained absent
and failed to take steps. Inspite of order,
process also not paid continuously for
several dates of hearing. Inspite of case
being referred to Lok adalath for settlement
for more than 3 times, the complainant
continuously remained absent. This shows
that, the complainant is not interested in
prosecuting this case. Hence this court has
no option, but to dismiss the complaint for
non prosecution.
Hence complaint is dismissed for non-
prosecution."
3. Though, the complainant has paid the process fee to
issue NBW to the accused, the Court has dismissed the
case for non-prosecution, which is not correct. When the
NBW is issued by the Court, it is the duty of the Court to
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HC-KAR
see that whether NBW is executed or not. Without
application of mind, mechanically the Court has passed
the impugned order which is not sustainable under law.
4. Hence, I proceed to pass the following:
ORDER
i) Appeal is allowed.
ii) The impugned order passed learned XVI
Additional Chief Metropolitan Magistrate at
Bengaluru dated 27.07.2022 in C.C
No.11568/2018, is set aside.
iii) The C.C No.11568/2018 on the file of XVI
Additional Chief Metropolitan Magistrate at
Bengaluru shall be restored.
iv) The complainant is directed to appear before the
trial Court without seeking any further notice on
09.12.2025.
v) The Registry is directed to send the copy of this
order to trial Court to proceed with the case in
accordance with law.
Sd/-
(G BASAVARAJA)
JUDGE
