Sri Y G Ashwath Vs Sri Srihar Babu @ R Sridhar

SRI Y G ASHWATH S/O LATE M GOVINDAPPA SINCE DEAD REP BY HIS LRS SRI Y A BHARGAV S/O LATE Y G ASHWATH AGED ABOUT 29 YEARS R/A NO.748, A SECTOR YELAHANKA NEW TOWN BANGALORE-560 064. …APPELLANT

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(BY SRI. CHANDAN K., ADVOCATE)

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AND:

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Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

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SRI SRIHAR BABU @ R SRIDHAR S/O RAMACHANDRAPPA AGED ABOUT 32 YEARS RESIDING AT NO.200, 7^TH CROSS 1^ST BLOCK NEAR AXIX BANK ATM VISHWAPRIYA LAYOUT BEGURE BENGALURU-560 068.

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PERMANENT ADDRESS: KUNDUMARANAPALLI VILLAGE DENKANIKOTE TALUK KRISHNAGIRI DISTRICT TAMILNADU.

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2 - NC: 2026:KHC:10326 CRL.A No. 1952 of 2022

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HC-KAR

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…RESPONDENT

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(V/O DATED 19.02.2026 - NOTICE TO RESPONDENT IS D/W)

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THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF DISMISSAL DATED:16.07.2019 PASSED BY THE XXII ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.28592/2014, VIDE ANNEXURE-A AND ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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The appellant has preferred this appeal against the order passed by the XXII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28592/2014 dated 16.07.2019.

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The brief facts leading to this appeal are that the complainant/appellant had filed complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act'). After taking cognizance, case was registered in C.C.No.28592/2014 and the Trial Court has issued the summons to the accused on 28.10.2014. That

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3 - NC: 2026:KHC:10326 CRL.A No. 1952 of 2022

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HC-KAR

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on 16.07.2019 the Trial Court has dismissed the complaint

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for default. Being aggrieved by this order, the appellant has preferred this appeal.

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In the memorandum of appeal, it is stated that

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the Court has issued the NBW to the accused. After issuance of NBW, the Court has to ascertain whether NBW is executed or not. The Trial Court has not whispered anything in the impugned order in this regard and passed the following order:

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"The Complainant absent.

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The advocate for complainant again prays time for taking steps.

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It is perused from the order sheet that, the case is kept for taking steps since 26.08.2017.

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But the LR's of complainant have not turned up for taking steps. The case is of the year 2014.

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No reasons to adjourn the matter for taking steps.

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Hence, the complaint stands dismissed for default".

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4 - NC: 2026:KHC:10326 CRL.A No. 1952 of 2022

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HC-KAR

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The Trial Court has dismissed the complaint for

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default for not taking steps. Considering the facts and circumstances of the case, it is just and proper to provide one more opportunity to the complainant to take steps against the accused. Hence, I proceed to pass the following:

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ORDER

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i) Appeal is allowed.

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ii) The impugned order passed by the XXII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28592/2014 is set aside and the same shall be restored.

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