Mr Ravi K Vs Mr. Abhishek S Bhat — Karnataka HC (2025) — LawSathi Research

Mr Ravi K Vs Mr. Abhishek S Bhat — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed subject to payment of cost of Rs.5,000 payable to the Karnataka State Legal Services Authority; Trial Court directed to restore the file from the stage where it stopped; Registry directed to communicate the order to the Trial Court forthwith.

Issue for consideration

Whether the order dated 24.05.2025 of the XX Additional Chief Metropolitan Magistrate dismissing C.C.No.29125/2022 for default/non-prosecution should be recalled and the complainant permitted to represent the case. +1 more

Court's answer

Having considered the submissions and perused the order sheet, the Court held this to be a case where the discretionary power (to recall/restore) required to be exercised under such circumstances.

Ratio / Principle

The appeal is allowed on payment of cost of Rs.5,000 payable to the Karnataka State Legal Services Authority.

Key takeaways

The Trial Court is directed to restore the file from the stage where it had stopped.ratio¶ORDER - ii

Detailed headnote1 paragraphs

Karnataka High Court (S Rachaiah, J.), by oral judgment dated 11.08.2025, allowed Criminal Appeal No.1303 of 2025, filed under Section 378(4) Cr.P.C. (filed as under Section 419(4) BNSS) by the complainant against the order dated 24.05.2025 of the XX Additional Chief Metropolitan Magistrate, Bangalore dismissing C.C.No.29125/2022 for non-prosecution/default. Cognizance had been taken on 12.09.2022; summons was re-issued through R.P.A.D., an N.B.W. was ordered subject to payment of process fee, but the complainant took no steps for its execution and the complaint stood dismissed. Noting that the appellant's engaged advocate had neither appeared before the Trial Court nor kept the complainant properly informed, and that this was a case where the discretionary power required to be exercised, the Court allowed the appeal on payment of cost of Rs.5,000 to the Karnataka State Legal Services Authority, directed the Trial Court to restore the file from the stage where it had stopped, and directed the Registry to communicate the order forthwith.

1 - NC: 2025:KHC:31030 CRL.A No. 1303 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1303 OF 2025 (A)

BETWEEN:

MR RAVI K S/O KARIBASAPPA AGED ABOUT 54 YEARS R/AT NO.5, PAVAN NILAYA 9^TH CROSS, SAPTHAGIRINAGARA CHIKKASANDRA H G ROAD BANGALORE DISTRICT-560 057 …APPELLANT (BY SMT. KALPANA.P.V., ADVOCATE)

AND:

Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

MR. ABHISHEK S BHAT S/O LATE SRINIVAS N AGED ABOUT 31 YEARS R/AT PLOT NO.7 SITE NO.682 MAYA MATHA SADANA 7^TH BLOCK 2^ND PHASE, SHAKTHINAGAR BSK 3^RD STAGE, NEAR SRI MAHA SHAKTHI GANAPATHI TEMPLE, BANGALORE-560 085 ALSO OFFICE ADDRESS VIPRA BUILDERS CONSULTANT NO.525, AGB LAYOUT NEAR UNION BANK AND MAHILA SHAKTHI KENDRA BANGALORE-560 090 …RESPONDENT

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO SET ASIDE THE ORDER OF DISMISSAL PASSED ON 24.05.2025 IN CC NO.29125/2022 ON THE FILE OF THE XX ADDITIONAL CMM AT BANGALORE.

2 -

NC: 2025:KHC:31030 CRL.A No. 1303 of 2025

HC-KAR

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL JUDGMENT

Case called out.

This appeal arises out of the order of dismissal passed on 24.05.2025 in C.C.No.29125/2022 on the file of the learned XX Additional Chief Metropolitan Magistrate, Bangalore.

It is the submission of the learned counsel for the appellant that the Trial Court vide its order dated 24.05.2025 dismissed the complaint for default which is erroneous and not proper for the reason that the cognizance of the case was taken on 12.09.2022. Summons was ordered to the accused on the said date returnable on 03.12.2022. On that day, summons was again re-issued through R.P.A.D.

The R.P.A.D was served and the Trial Court issued N.B.W to the accused if P.F is paid. Again, it was listed on 11.04.2023, same order was passed and adjourned to 17.06.2023. After that, several dates were given.

3 - NC: 2025:KHC:31030 CRL.A No. 1303 of 2025

HC-KAR

However, the complainant had not taken any steps for the execution of N.B.W against the accused. In the mean time, the Trial Court dismissed the complaint for non-prosecution.

It is further submitted that the appellant had engaged the services of an Advocate. The said Advocate has not appeared before the Trial Court and he has misguided the complainant/appellant by stating one or the other reasons till disposal of the case.

It is further submitted that the appellant has good case on merit and he would be regular before the Trial Court in all the hearing dates. Hence, the order may be recalled and permitted the complainant to represent the case.

Having considering the said submissions and also perused the order sheet available on record, I am of the considered opinion that, this is the case where the discretionary power requires to be exercised under such circumstances.

In the light of the observations made above, I proceed to pass following:

4 -

NC: 2025:KHC:31030 CRL.A No. 1303 of 2025

HC-KAR

ORDER

i. The appeal is allowed on payment of cost of Rs.5,000/payable to Karnataka State Legal Services Authority.

ii. The Trial Court is directed to restore the file from the stage where it has stopped.

iii. The Registry is directed to communicate this order to the Trial Court, forthwith.

Sd/(S RACHAIAH) JUDGE

NM

List No.: 2 Sl No.: 6