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
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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."
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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
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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
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