Allowed

Smt Santhosh S v. Sri Rakesh Kumar Prabhakar @ Rakesh

Karnataka HC7 Jan 2026CRL.A/2254/2025

Case brief

AI extract

What is this about?

A cheque-dishonour private complaint was dismissed for default by the magistrate despite summons having been issued but service never ascertained. The High Court found the dismissal unsustainable, set aside the order and restored the case, directing the complainant to appear and the court to secure the accused.

What did the court decide?

Dismissal order set aside; C.C. No.30590/2021 restored; complainant to appear on 15.02.2026; trial court to secure accused's presence and permit evidence.

Smt Santhosh S Vs Sri Rakesh Kumar Prabhakar @ Rakesh — Cheque Dishonour | Karnataka HC (2026)

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NC: 2026:KHC:1160 CRL.A No. 2254 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA

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CRIMINAL APPEAL NO.2254 OF 2025 (A)

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BETWEEN:

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SMT. SANTHOSH .S S/O SHRAVAN KUMAR, AGED ABOUT 33 YEARS, R/AT NO.23, 4^TH CROSS, MAHADESHWARA NAGARA MAIN ROAD, MARUTHI NAGAR, BANGALORE-560091.

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…APPELLANT

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(BY SRI SATHISHA D.J., ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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SRI RAKESH KUMAR PRABHAKAR @ RAKESH S/O PRABUNATH PRABHAKAR, AGED ABOUT 34 YEARSM, R/AT GANDHI CHOWK, KHUTAUNA, MADHUBANI DISTRICT, BIHAR STATE-847227.

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…RESPONDENT

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C. (FILED U/S 419(4) BNSS) PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 25.10.2024 IN CASE C.C.NO.30590/2021 PASSED BY THE LEARNED XXII ADDITIONAL CHIEF METROPOLITAN COURT AT BENGALURU.

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THIS APPEAL COMING ON FOR HEARING – 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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NC: 2026:KHC:1160 CRL.A No. 2254 of 2025

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HC-KAR

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ORAL JUDGMENT

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The appellant-complainant has preferred this appeal against the impugned order dated 25.10.2024 in C.C. No.30590/2021 passed by the XXII Additional Chief Metropolitan Magistrate, Bengaluru.

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The appellant/complainant had filed a private complaint under Section 200 of Cr.P.C. read with Section 138 of the Negotiable Instruments Act, 1881, as against the accused, in P.C.R. No.15388/2021. After taking cognizance, the Trial Court has registered the case in C.C.No.30590/2021 and thereafter, summons was issued to the accused. That on 12.06.2023, the Court passed an order directing issuance of summons through RPAD through hand with the assistance of the concerned police, subject to payment of process fee. The case was posted to 04.08.2023. Thereafter, the case was adjourned from time to time till 25.10.2024. On 25.10.2024, the Trial Court passed the following order:

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NC: 2026:KHC:1160 CRL.A No. 2254 of 2025

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HC-KAR

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“Complainant called out absent. Called again and again at 2.00 p.m. 4.00 p.m. Matter called at 5.30 P.M. No representation from Complainant side.

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On perusal of order sheet it indicates that, inspite of granting repeated opportunity the complainant has not chosen to take steps in time. It indicates that, the Complainant is not interested in proceeding with the complaint it appears by granting further time, would serve no purpose. As no ground forth coming grant adjournment, Complaint is dismissed for default.”

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Being aggrieved by the said order, the

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appellant/complainant has preferred this appeal.

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On a careful examination of the entire order sheet, it is evident that summons were issued to the accused by the Trial Court. However, after issuance of the summons, the Trial Court failed to ascertain whether the same were duly served. Without ascertaining the service of notice, the Trial Court has mechanically passed the impugned order, which is not sustainable in law.

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Accordingly, I proceed to pass the following:

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NC: 2026:KHC:1160 CRL.A No. 2254 of 2025

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HC-KAR

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ORDER

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(i) The Criminal Appeal is allowed.

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(ii) The order dated 25.10.2024 in C.C. No.30590/2021 passed by the XXII Additional Chief Metropolitan Magistrate, Bengaluru is set aside.

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(iii) The criminal case in C.C. No.30590/2021 shall be restored to its original file.

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(iv) The complainant is directed to appear before the Trial Court without seeking any further notice from the said Court on 15.02.2026 .

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(v) After appearance of the

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appellant/complainant, the Trial Court is directed to secure the presence of the accused and proceed with the case in accordance with law.

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(vi) The appellant is also directed to take necessary steps before the Trial Court. The Trial Court shall provide an opportunity to

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NC: 2026:KHC:1160 CRL.A No. 2254 of 2025

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HC-KAR

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the appellant/complainant to adduce

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evidence.

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Registry is directed to send Trial Court Records

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along with a copy of this order to the concerned Court

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for taking necessary action.

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Sd/(G BASAVARAJA) JUDGE

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MBM

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List No.: 1 Sl No.: 25

Smt Santhosh S v. Sri Rakesh Kumar Prabhakar @ Rakesh

Case brief

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What did the court decide?

Smt Santhosh S v. Sri Rakesh Kumar Prabhakar @ Rakesh

Case brief

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