Sri Ganesh Sai Finance and Pawn Broking Vs Shri Yathindra M Patel

THE REPRESENTATIVE OF APPELLANT COMPANY IS CHANGED TO SHRI.CHANDRASHEKAR.R AUTHORIZATION LETTER PRODUCED AFTER VAKALATHAMMA) …APPELLANT (BY SRI. ANANDA S. G., ADV.)

¶12

AND:

¶13

SHRI YATHINDRA M. PATEL SON OF K. MANJUNATH, AGED ABOUT 35 YEARS, RESIDING AT NO. 60, RAJATHADRI NILAYA, 7^TH CROSS, M.R. GARDEN, MUTHOOT FINANCE, V. NAGENAHALLI, R.T. NAGAR, BENGALURU - 560 050 …RESPONDENT (BY SRI. ANIL KUMAR C., ADV.)

¶14

2 -

¶15

NC: 2025:KHC:45175 CRL.A No. 350 of 2025

¶16

HC-KAR

¶17

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 07.12.2024 PASSED BY THE LEARNED XVI ADDL. CJM, BANGALORE IN C.C.NO.19684/2022 AS ANNEXURE-A.

¶18

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

¶19

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

¶20

ORAL JUDGMENT

¶21

The complainant/appellant has preferred the appeal against the order dated 07^th December, 2024 passed in CC No.19684 of 2022 by the XVI Additional Chief Judicial Magistrate, Bangalore, by which order, the trial court has dismissed the complaint for non-prosecution.

¶22

Brief facts leading to this appeal are that the complainant has filed complaint under section 138 of Negotiable Instruments Act, 1881 and the same came to be registered in PCR No.1764 of 2020. After taking cognizance, case was registered in CC No.19684 of 2022. Thereafter, summons was issued to the accused by Speed Post. The order sheet maintained by the trial Court reveals that the summons was duly served on 17^th March 2025. The accused remained absent and hence NBW was issued and case was posted to 15^th May

¶23

3 - NC: 2025:KHC:45175 CRL.A No. 350 of 2025

¶24

HC-KAR

¶25

On that day again NBW was issued against the accused and case was posted to 10^th July 2023. On 10^th July 2023 also, both were absent and the Court has passed the order to reissue NBW to the accused and ordered to list the case on 26^th October 2023. On 26^th October 2023, complainant was absent and accused was present, advocate for the complainant filed application under section 302 of Code of Criminal Procedure. Thereafter, notice was issued to the accused and case was posted on 19^th December 2023. Again on 19^th December 2023, Court has passed an order for insurance of NBW to the accused and posted the case on 23^rd January 2024. On that day steps was taken and NBW was issued and the case was posted on 5^th April 2024. On 5^th April 2024, also steps was taken and again the court passed an order to re-issue NBW to the accused and to list the case on 5^th August 2024. On 5^th August 2024, the accused remained absent and court has passed the order to reissue NBW and case was posted on 7^th December 2024. On 7^th December 2024, the court has passed the following order.

¶26

" Advocate for complainant called out twice,

¶27

absent. Complainant also absent. Steps not taken. Hence, complaint is dismissed for non-prosecution. "

¶28

4 -

¶29

NC: 2025:KHC:45175 CRL.A No. 350 of 2025

¶30

HC-KAR

¶31

The entire order sheet placed before this court reveals that the complainant has taken steps to issue NBW. The court has also issued NBW several times. But the court has not ascertained as to whether the NBW is executed or not. Once the NBW is issued, it is the duty of the court to ensure as to whether the NBW is executed or not. Without following due procedure, mechanically and without assigning any proper reasons, the trial court has dismissed the complaint which is not sustainable under law. Accordingly, I proceed to pass the following:

¶32

O R D E R

¶33

i. Appeal is allowed;

¶34

ii. Order dated 07^th December, 2024 passed in CC No.19684 of 2022 by the XVI Additional Chief Judicial Magistrate, Bangalore, is set aside; CC No.18684 of 2022 is restored to its file;

¶35

iii. Both the learned Counsel present before this court. Hence, both the parties are directed to appear before the trial court on 09^th December

¶36

5 -

¶37

NC: 2025:KHC:45175 CRL.A No. 350 of 2025

¶38

HC-KAR

¶39

2025 , without seeking any further notice in this regard;

¶40

iv. If the accused/respondent does not appear before the trial court, the trial court is directed to issue NBW to the accused and thereafter shall proceed with the matter in accordance with law;

¶41

v. Registry is directed to send the copy of disorder along with the trial court records to the concerned court for taking necessary action;

¶42

vi. The trial court is directed to dispose of the case as expediently as possible as the matter is of

¶43

the year 2020.

¶44

Sd/(G BASAVARAJA) JUDGE

¶45

lnn

¶46

List No.: 1 Sl No.: 49

Sri Ganesh Sai Finance and Pawn Broking v. Shri Yathindra M Patel

Case brief

What is this about?

What did the court decide?

Sri Ganesh Sai Finance and Pawn Broking v. Shri Yathindra M Patel

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kiran N S Vs State of Karnataka

J.C. Flowers Asset Reconstruction Co. Pvt. Ltd., Vs Manikantan a M

Sri Chandra Shekar, Vs Sameulla K a

Swamynaika Vs State of Karnataka

M/S. Rajesh Exports Ltd. Vs S. Jabber

Sri Kantharaju Vs State by Kyathasandra Police Station