Allowed

Sri C Nagavendra v. Asmatex Garments

Karnataka HC16 Sept 2026CRL.A/2154/2025

Case brief

AI extract

What is this about?

The High Court allowed an appeal against a trial court order dismissing a Section 138 NI Act complaint for default. The trial court had dismissed the case because the complainant did not secure the accused's presence despite repeated non-bailable warrants. The High Court found that the warrants were not returned and the case had been adjourned due to COVID-19, so it set aside the dismissal, restored the case, and directed the complainant to take steps to secure the accused and appear on a specified date.

What did the court decide?

Appeal allowed; order dated 02.04.2025 set aside; case restored in CC No. 6059/2019; complainant directed to secure accused and appear on 28.10.2026.

Sri C Nagavendra Vs Asmatex Garments — Cheque Dishonour | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:50417 CRL.A No. 2154 of 2025

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CNR: KAHC010456592025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF SEPTEMBER, 2026 BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 2154 OF 2025 (A)

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BETWEEN:

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SRI C NAGAVENDRA

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S/O SRI K CHAMARAJ, AGED ABOUT 46 YEARS, R/AT NO. 11/1, AKRUTHI NILAYA, PARVATHI NAGAR, MEDAHALLI, KITHAGANURU MAIN ROAD, VIRGONAGAR POST, BENGALURU-560049

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…APPELLANT

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(BY MS. SHAILA H.S., ADV. FOR SRI. RAMESH GOWDA M. K., ADV.)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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ASMATEX GARMENTS MANUFACTURES OF READYMADE GARMENTS, SITUATED NO.64A, KIADB, KARUR INDUSTRIAL AREA, NEAR NEW D C OFFICE, P B ROAD, DAVANAGERE-577006 REP. BY ITS PROPRIETOR, MR SHEIK HAFEEZULLA KHAN.

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MR SHEIK HAFEEZULLA KHAN AGED ABOUT 51 YEARS, PROPRIETOR OF ASMATEX GARMENTS, MANUFACTURES OF READYMADE GARMENTS, SITUATED NO.64A, KIADB, KARUR INDUSTRIAL AREA, NEAR NEW D C OFFICE, P B ROAD, DAVANAGERE-577006

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…RESPONDENTS

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(V/O DTD: 16.09.2026 NOTICE TO RESPONDENTS IS DISPENSED WITH)

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HC-KAR

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NC: 2026:KHC:50417 CRL.A No. 2154 of 2025

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CNR: KAHC010456592025

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CRL.A FILED U/S 378(4) CR.PC (FILED U/S 419(4) OF BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS APPEAL AND THEREBY SET ASIDE THE ORDER DATED 02.04.2025 PASSED BY IN THE COURT OF XII ADDL.SMALL CAUSES JUDGE AND ADDL.CMM AT BENGALURU IN C.C.NO.6059/2019 AND RESTORE THE ABOVE CASE AND PERMIT THE PETITIONER TO PROCEED/PROSECUTE WITH THE AFORESAID CASE ON MERITS.

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THIS APPEAL, COMING ON FOR FINAL HEARING, 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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The appellant/complainant has preferred this appeal against the order dated 02.04.2025 passed in CC.No.6059/2019 by the XII Addl. Small Causes Judge and ACMM, Bengaluru (for short, 'the Trial Court') and restored the appeal in CC.No.6059/2019.

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Heard the arguments of the appellant. The complainant has filed a complaint under Section 138 of NI Act. Same was registered in PCR No.4792/2019. After taking cognizance, case was registered in CC.No.6059/2019 and summons was duly served to the

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HC-KAR

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NC: 2026:KHC:50417 CRL.A No. 2154 of 2025

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CNR: KAHC010456592025

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accused. However, accused did not appear before the Court. Hence, NBW was issued against the accused from time to time till 02.04.2025. On 02.04.2025, the Trial Court has passed the following order:

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"Case called out at 5.15 PM. Sufficient time already granted from 06-03-2023 Inspite of repeated issuance of summons, the complainant is not taking steps to secure the accused persons and PF is also not paid.

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This attitude of complainant shows that he has not interested to prosecute the case. Hence Case of the complainant is here by dismissed for default."

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3. The order sheet reveals that, NBW issued against the

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accused was not returned. However, the Trial Court has

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passed an order to re-issue NBW to accused No.2. The order sheet dated 17.02.2020 reveals that PF was paid. Thereafter, in view of closure of Court due to CORONA (COVID-19), the case was adjourned from time to time.

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Considering the facts and circumstances of the case, it is just and proper to provide one more opportunity to

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HC-KAR

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NC: 2026:KHC:50417 CRL.A No. 2154 of 2025

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CNR: KAHC010456592025

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Complainant to take necessary steps to secure the

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presence of the accused. Hence, I proceed to pass the following:

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O R D E R

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(i) Appeal is allowed ;

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(ii) The Order dated 02.04.2025 passed in CC.No.6059/2019 by the XII Addl. Small Causes

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Judge and ACJM, Bengaluru, is hereby set aside ;

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(iii) The Trial Court is directed to restore the case in CC.No.6059/2019;

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(iv) The complainant/appellant is directed to take necessary steps to secure the accused in accordance with law;

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(v) The complainant/appellant is directed to appear before the Trial Court on 28.10.2026, without seeking any further notice. Thereafter, the Trial Court is directed to proceed with the case in accordance with law;

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HC-KAR

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NC: 2026:KHC:50417 CRL.A No. 2154 of 2025

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CNR: KAHC010456592025

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(vi) The Registry is directed to communicate this

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order to the Trial Court.

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Sd/(G BASAVARAJA) JUDGE

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DHA LIST NO.: 1 SL NO.: 33

Sri C Nagavendra v. Asmatex Garments

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Sri C Nagavendra v. Asmatex Garments

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