Appeal under Section 378(4) CrPC against dismissal for non-prosecution of a Section 138 NI Act complaint. The High Court held the complainant had taken steps thrice for issuance of NBW, and the trial court erred in dismissing the complaint without acting on the NBW.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2025:KHC:42350 CRL.A No. 1682 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1682 OF 2024 (A)
BETWEEN:
SRI DHANANJAY, AGED ABOUT 38 YEARS, S/O SURAPPA POOJARY, BUSINESSMAN, RESIDENT OF NO.3/104, PADUDADDI HOUSE, KIDIYOOR POST, UDUPI TALUK, AND DISTRICT - 576148.
…APPELLANT
(BY SRI SHIVA PRASAD NAYAK, ADVOCATE)
AND:
Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA
SRI. SHASHIKANTH SHETTY, S/O SADASHIVA SHETTY, AGED ABOUT 49 YEARS, RESIDING AT "SRI GANESH PRASAD", R P NAGAR INDRALI, UDUPI TALUK AND DISTRICT - 576104.
…RESPONDENT (V/O/DT 25.10.2025 - NOTICE TO RESPONDENT IS DISPENSED WITH)
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 25.11.2023 IN C.C.NO.1161/2019 PENDING IN THE FILE OF PRL. CIVIL JUDGE AND JMFC AT UDUPI FOR THE OFFENCE P/U/S 138 OF N.I. ACT, CONSEQUENTLY RESTORE THE FILE IN C.C.NO.1161/2019, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC AT UDUPI.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
NC: 2025:KHC:42350 CRL.A No. 1682 of 2024
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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The appellant has preferred this appeal against the
order in C.C. No.1161/2019 passed by the Principal Civil Judge and J.M.F.C., Udupi dated 25.11.2023 as the Trial
Court has dismissed the complaint for non-prosecution.
under:-
"Complainant absent.
No representation.
k/by
Again called out at 3.P.M, complainant absent, no representation. No ground to grant time. The complainant has not proceed to take steps even after given sufficient time. Hence complaint filed by the complainant is hereby dismissed for nonprosecution."
complainant/appellant has filed the complaint under
Section 138 of Negotiable Instruments Act. The Trial Court has taken cognizance against the accused for the
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offence punishable under Section 138 of Negotiable Instruments Act. Summons was issued to the accused through RPAD and case was posted to 24.04.2019. The order sheet reveals that on 17.05.2021 one B.N. Advocate files vakalath on behalf of the accused. Then, case was posted to 07.08.2021. On 07.08.2021 as per SOP dated 21.05.2021 issued by this Court, matter was re-posted to 25.11.2021. On 25.11.2021, matter referred to preconciliation and case was posted to 06.12.2021. On that day, accused remained absent and NBW was issued to the accused, steps also taken. Thereafter, case was being
adjourned from time to time till 06.02.2023. On 06.02.2023 as per order No.ADMN/12/2023 dated 19.01.2023 of the Principal District Judge, Udupi, entire case records transferred from IV Additional Civil Judge and J.M.F.C., Udupi. Though the complainant has taken steps
to issue NBW, the Trial Court has held that steps not taken, which is not correct. It is reflected in the order sheet that the complainant has taken steps for three times
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and when the NBW was issued to the accused, it is the duty of the Court to see that whether NBW is executed or
not. The Trial Court has not passed any order in this regard. Without passing any order on issuance of NBW,
one fine day i.e. on 25.11.2023, the Trial Court has passed
the impugned order which is not sustainable under law. Hence, I proceed to pass the following:-
ORDER
iii) The C.C. No.1161/2019 pending on the file of Principal Civil Judge and J.M.F.C., Udupi shall be restored.
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v) Complainant is directed to take necessary steps
to secure the accused.
order along with Trial Court records for necessary action.
Sd/(G BASAVARAJA)
JUDGE
CHS List No.: 1 Sl No.: 72
1 issue framed by the court
Was the trial court's dismissal of the complaint for non-prosecution sustainable where the complainant had taken steps to secure the accused and the NBW remained unexecuted?
3 provisions across 3 enactments
Dhananjay
Shashikanth Shetty
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
