K v Thulasiram Since Deceased by Lrs Smt Rajeswari Vs Mahadeva Gowda

THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNSS) PRAYING TO SET ASIDE THE ORDER PASSED IN C.C.NO.8363/2023 BY THE XXIII A.C.M.M BENGALURU DATED 08.09.2025 AND REMAND BACK FOR FRESH DISPOSAL.

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

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NC: 2025:KHC:46751 CRL.A No. 2248 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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The appellants/complainants have preferred this appeal against the order dated 08.09.2025 passed in C.C.No.8363/2023 on the file of XXIII Additional Chief Metropolitan Magistrate at, Bengaluru.

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The appellant/complainant had filed a complaint under Section 138 of Negotiable Instruments Act and the same was registered in PCR No.14569/2022. Thereafter, case was registered in C.C.No.8363/2023. Summons was issued to the accused. The trial Court has observed in the order sheet that as per order dated 07.07.2025 summons has been issued through WhatsApp and summons sent through WhatsApp has not been served as per shara made by the office. Then the case is posted to steps by 08.09.2025. On 08.09.2025, the trial Court has passed the following order:-

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"Perused the order sheet and noticed that complainant is regularly absent and no representation from complainant side and not taken steps. Already sufficient time has been granted, but complainant has not taken steps to issue warrant against the accused. It shows that complainant is

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NC: 2025:KHC:46751 CRL.A No. 2248 of 2025

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HC-KAR

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not interesting in conducting case. Hence complaint is dismissed for default."

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It is submitted by the learned counsel for appellants/complainants that on 08.09.2025, the legal representative No.(a) was not feeling well and their counsel was absent as he has gone to his native place to attend the sick father. Considering the submission, it is just and proper to provide any more opportunity to the appellants/complainants to take necessary steps to secure the accused.

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4. Hence, I proceed to pass the following:-

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ORDER

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i). The appeal is allowed .

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ii). The impugned order dated 08.09.2025 passed in C.C.No.8363/2023 on the file of XXIII Additional Chief Metropolitan Magistrate at, Bengaluru, is set aside.

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iii). C.C.No.8363/2023 shall be restored.

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iv). The appellants/complainants are directed to appear before the trial Court without seeking any further notice on 04.12.2025.

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