M/S. Golden Fresh v. Mr. Munikrishna. R

Karnataka HC13 Oct 2025CRL.A/1370/2025

Case brief

AI extract

What is this about?

Section 138 NI Act complaint dismissed for default/non-prosecution; NBW issued 18.04.2023 not returned; duty of Trial Court to call for police report on non-execution of NBW before dismissing; appeal under S.378(4) Cr.P.C./S.419(4) BNSS allowed; order dated 17.04.2025 in C.C.No.57793/2021 (XIV Addl. CMM, Bengaluru) set aside and case restored; complainant to appear 06.11.2025 and secure accused; CRL.A No. 1370 of 2025; HC-KAR; NC: 2025:KHC:40520; Justice G Basavaraja.

What did the court decide?

Appeal allowed; order dated 17.04.2025 in C.C.No.57793/2021 set aside; Trial Court directed to restore the C.C.; complainant directed to appear before the Trial Court on 06.11.2025 without seeking further notice and to take necessary steps to secure the accused. ¶ORDER(ii)

M/S. Golden Fresh Vs Mr. Munikrishna. R — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶ORDER(ii)

Issue for consideration

Whether the Trial Court's dismissal of the Section 138 NI Act complaint (registered as C.C.No.57793/2021) for default/non-prosecution was sustainable when the NBW issued on 18.04.2023 against the accused had not been returned and no report had been called for from the concerned police on its non-execution.

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Court's answer

When the NBW issued against the accused is not returned, the Trial Court has to take steps calling for the report from the concerned police on the non-execution of the NBW, instead of dismissing the complaint.

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Ratio / Principle

The impugned order passed by the Trial Court dismissing the complaint is not sustainable under law.

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Key takeaways

On that basis, the appeal was allowed and the Trial Court's order dated 17.04.2025 in C.C.No.57793/2021 was set aside, with the Trial Court directed to restore the case, the complainant directed to appear on 06.11.2025 without seeking further notice, and the complainant directed to take necessary steps to secure the accused.ratio¶ORDER(ii)

Detailed headnote1 paragraphs

Karnataka High Court (G Basavaraja, J.), CRL.A No. 1370 of 2025 (NC: 2025:KHC:40520), decided 13 October 2025: Appeal under S.378(4) Cr.P.C. (filed under S.419(4) of BNSS) by the complainant (M/s. Golden Fresh) against the dismissal for default/non-prosecution, on 17.04.2025, of its Section 138 Negotiable Instruments Act, 1881 complaint registered as C.C.No.57793/2021 by the XIV Addl. Chief Judicial Magistrate, Mayohall Unit, Bengaluru. Held: the summons (RPAD return shara 'Unclaimed') had been held duly served, an NBW was issued on 18.04.2023 and stood unreturned; when the NBW is not returned, the Trial Court has to take steps calling for a report from the concerned police on its non-execution instead of dismissing the complaint. The dismissal was therefore not sustainable under law. Appeal allowed; the order was set aside; the C.C. was ordered restored; the complainant was directed to appear on 06.11.2025 without further notice and to take steps to secure the accused.

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NC: 2025:KHC:40520 CRL.A No. 1370 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1370 OF 2025

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BETWEEN:

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M/S. GOLDEN FRESH NO.324, 1^ST FLOOR, GOLDEN POINT, GOLDEN ROAD CROSS, THIMMAIAH ROAD, BANGALORE-560 052,

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REPRESENTED BY ITS PROPRIETOR, SRI. KAMAL PASHA.

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…APPELLANT

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(BY SRI.ZAMEER PASHA.,ADVOCATE)

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AND:

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Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA

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MR.MUNIKRISHNA.R S/O. RAMAIAH, AGED ABOUT 46 YEARS, SBM CHICKEN CENTRE, OPP SANESHWARA TEMPLE, DEVARABISANAHALLI, BELLANDUR, BANGALORE-560 103.

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…RESPONDENT

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(NOTICE NOT ORDERED IN RESPECT OF RESPONDENT)

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THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 17.04.2025 IN CC NO.57793/2021 PASSED BY THE XIV ADDL.CMM AT BENGALURU PRODUCED AS ANNEXURE-A AND RESTORE THE CASE FOR FURTHER PROSECUTION BY ALLOWING THE APPEAL.

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NC: 2025:KHC:40520 CRL.A No. 1370 of 2025

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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The complainant/appellant has preferred this appeal against the order passed by the XIV Addl. Chief Judicial Magistrate, Mayohall Unit at Bengaluru dated 17.04.2025, as the appeal is dismissed for default and non-prosecution.

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The complainant has filed a complaint under Section 138 of the Negotiable Instruments act, 1881 (for short, ‘1881 Act’). After taking cognizance, case was registered in CC.No.57793/2021 and summons was issued to the accused. As per the order sheet dated 07.02.2023, the summons issued to the accused through Registered Post Acknowledgement Due returned with shara ‘Unclaimed’. The Trial Court has held that

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service held sufficient and NBW was issued to the accused. That on 18.04.2023, NBW was issued and the same was not returned. When the NBW is not returned,

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NC: 2025:KHC:40520 CRL.A No. 1370 of 2025

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HC-KAR

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the Trial Court has to take steps calling the report from

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the concerned police for non-execution of NBW. Instead of that, the Trial Court has dismissed the complaint on 17.04.2025.

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