M/S Maragadarsi Chits (K) Pvt. Ltd., v. Mr. R Sanjay

Karnataka HC14 Oct 2025CRL.A/349/2024

Case brief

AI extract

What is this about?

Karnataka High Court restores Section 138 NI Act complaint dismissed for default; CRL.A. 349/2024 under Section 378(4) CrPC by complainant Margadarsi Chits (K) Pvt Ltd; dismissal order dated 16.12.2023 by 38th ACMM Bengaluru in CC 12407/2023 set aside; summons returned "no such person in the address", RPAD notice "he left the address"; one more opportunity to trace accused and take steps; appearance directed on 18.11.2025 without notice; no precedent cited; single-judge bench (G Basavaraja, J.); decision dated 14.10.2025.

What did the court decide?

Appeal allowed; order dated 16.12.2023 dismissing C.C.No.12407/2023 set aside; complaint restored to the file of the XXXVIII ACMM, Bengaluru; complainant directed to appear on 18.11.2025 without further notice; Registry directed to send copy of the order to the Trial Court. ¶¶36

M/S Maragadarsi Chits (K) Pvt. Ltd., Vs Mr. R Sanjay — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:40567 CRL.A No. 349 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 349 OF 2024 (A)

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BETWEEN:

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M/S MARGADARSI CHITS (K) PVT LTD., NO.801 AND 802, SOUTH BLOCK MANIPAL CENTRE, DICKENSON ROAD BANGALORE-560042 BRANCH: PEENYA REPRESENTED ITS FOREMAN/MANAGER SRI N. THYAGARAJULU.

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…APPELLANT

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(BY SRI. JAYAKUMARA P. P., ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

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MR. R. SANJAY S/O H. RANGANATHA NO.1572, 7^TH CROSS, CORPORATION COLONY, GOVINDARAJANAGARA, BANGALORE-560079.

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…RESPONDENT

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(VIDE COURT ORDER DATED: 14.10.2025, NOTICE TO RESPONDENT IS DISPENSED WITH.)

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THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 16.12.2023 PASSED BY THE HON'BLE COURT OF XXXVIII ACMM (38th ACMM) AT BENGALURU IN C.C.NO.12407/2023 AND TO RESTORE THE CASE IN C.C.NO.12407/2023 ON THE FILE OF THE HON'BLE COURT OF XXXVIII ACMM (38th ACMM) AT BENGALURU.

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NC: 2025:KHC:40567 CRL.A No. 349 of 2024

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HC-KAR

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THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, 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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Arguments heard.

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The complainant is the appellant-Company, has filed

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complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'). The Court has taken cognizance against the accused for the offence under Section 138 of the NI

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Act and case was registered in C.C.No.12407/2023. Then summons was issued to the accused. The summons returned with shara "no such person in the address". The notice issued through RPAD also returned with shara "he left the address". Thereafter on 16.12.2023, the Trial Court has passed the following order:

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"Case called out. Complainant absent. N/R. For steps finally by 4.00PM Kept by Case again called out at 4.15PM. Complainant absent. N/R.

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3 - NC: 2025:KHC:40567 CRL.A No. 349 of 2024

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HC-KAR

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On perusal of the O/s it is found that since last 3 occasions the complainant is absent and has not taken any steps.

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It appears that the complainant is not interested to prosecute the present case.

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Hence, in view of the same the complaint stands dismissed for default."

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It is submitted by the learned counsel for the appellant that, the appellant - Company could not trace out the correct address of the accused. If one more opportunity is given, the complainant will take necessary steps to secure the accused.

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