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Annappaswamy Vs Praveenkumar K.R. — Cheque Dishonour | Karnataka HC (2026)

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Karnataka HC
2026
Annappaswamy Vs Praveenkumar K.R.Annappaswamy v. Praveenkumar K.R.

Dismissed¶36

Annappaswamy v. Praveenkumar K.R.

Criminal Petition (s.482 Cr.PC, filed as s.528 BNSS) – Quashing of dismissal of complaint for non-prosecution

Karnataka HC2 Feb 2026CRL.P/4779/2025

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), CRL.P No. 4779 of 2025, decided 02.02.2026 by Justice M. Nagaprasanna. Petition by complainant Annappaswamy under s.482 Cr.PC (filed under s.528 BNSS) seeking quashing of the order dated 21.02.2025 of the 1st Addl. Civil Judge & JMFC, Harihara in C.C.No.1416/2020 (P.Cr.No.101/2022), dismissing his s.138 NI Act complaint for non-prosecution, was rejected; the complainant had not attended court for nearly five years after summons issued on 23.09.2020, and the Court held no indulgence can be shown to a complainant unwilling to prosecute.

What did the court decide?

With the complainant having not appeared for close to five years, the concerned Court was left with no choice but to dismiss the complaint for its non-prosecution. ¶28

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order dated 21.02.2025 of the learned 1st Additional Civil Judge and JMFC, Harihara, dismissing the complaint in C.C.No.1416/2020 (P.Cr.No.101/2022) for non-prosecution, should be quashed under Section 482 Cr.PC (filed under Section 528 BNSS).

Court's answer

With the complainant having not appeared for close to five years, the concerned Court was left with no choice but to dismiss the complaint for its non-prosecution.

Ratio / Principle

No reasons were indicated in the petition for the petitioner's failure to attend the court proceedings for close to five years.

Key takeaways

Indulgence cannot be shown to a complainant who is not willing to prosecute the complaint.ratio¶36

Detailed headnote1 paragraphs

Criminal Petition (s.482 Cr.PC, filed as s.528 BNSS) - Quashing of dismissal of complaint for non-prosecution - Complaint under s.138 Negotiable Instruments Act (PCR No.101/2020); cognizance taken and summons issued on 23.09.2020 - Complainant absent for close to five years; case called out twice, no representation - 1st Addl. Civil Judge & JMFC, Harihara dismissed the complaint by order dt.21.02.2025 - Held: no reasons offered for the prolonged absence; indulgence cannot be shown to a complainant unwilling to prosecute the complaint - Petition rejected.

A

1 -

NC: 2026:KHC:6129 CRL.P No. 4779 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 4779 OF 2025

BETWEEN:

ANNAPPASWAMY

SON OF SRINIVAS NAIK, AGED ABOUT 45 YEARS, OCC DRIVER, RESIDENT OF MALLIKARJUNA EXTENSION, AMARAVATHI VILLAGE, HARIHARA TALLUK DAVANAGERE

…PETITIONER

(BY SRI. M.R. HIREMATHAD, ADVOCATE)

AND:

PRAVEENKUMAR K.R.

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

SON OF RAMALINGAPPA, AGED ABOUT 37 YEARS, OCC: DRIVER, RESIDING BEHIND LAXMI POUNDRY, OLD HARLAPURA, GUTTUR, HARIHARA -TALLUK DAVANAGERE- DISTRICT

…RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER DATED 21.02.2025, PASSED BY THE LEARNED 1ST ADDITIONAL CIVIL JUDGE AND JMFC, AT HARIHARA IN C.C.NO.1416/2020 (P.Cr.NO.101/2022) AND PASS SUCH OTHER APPROPRIATE JUDGMENT OR ORDER/S OR DIRECTION AS THIS HONBLE COURT DEEMS FIT UNDER FACTS AND CIRCUMSTANCES OF THE CASE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

2 -

NC: 2026:KHC:6129 CRL.P No. 4779 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question

the order of the concerned Court dated 21.02.2025, by which, the concerned Court dismisses the complaint.

The petitioner is the complainant and the respondent

is the accused. The petitioner registers the complaint in PCR No.101/2020 for the offence punishable under Section 138 of the Negotiable Instruments Act. The concerned Court takes cognizance of the offence and issues summons on 23.09.2020. Since then for close to five years, the petitioner has not seen the doors of the Court. If the complainant was not interested in prosecuting the petitioner, the Court was left with no choice, but to dismiss the petition for its non-prosecution by passing the following order:

"Case called out. Complainant is absent. No representation. Kept by

Again called out at 4.30 pm. No representation.

3 - NC: 2026:KHC:6129 CRL.P No. 4779 of 2025

HC-KAR

On perusal of the order sheet it reveals that already sufficient time is given to complainant to appeal before the court and to take steps. But complainant failed to appear before the Court and not taken proper steps even after sufficient opportunities. Thus the same shows that the complainant is not interested to proceed with the case.

Hence, the present complaint is hereby dismissed for non prosecution."

There are no reasons indicated in the petition as to

why the petitioner did not attend the court proceedings for close to five years. As such, indulgence cannot be shown to a complainant who is not willing to prosecute the complaint. The petition lacking in merit stands rejected.

SD/(M.NAGAPRASANNA) JUDGE

PKS List No.: 1 Sl No.: 200

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order dated 21.02.2025 of the learned 1st Additional Civil Judge and JMFC, Harihara, dismissing the complaint in C.C.No.1416/2020 (P.Cr.No.101/2022) for non-prosecution, should be quashed under Section 482 Cr.PC (filed under Section 528 BNSS).¶18
The court held
With the complainant having not appeared for close to five years, the concerned Court was left with no choice but to dismiss the complaint for its non-prosecution.ratio¶28

Statutes considered

3 provisions across 3 enactments

AI extract

Code of Criminal Procedure482¶18
BNNS528¶18
Negotiable Instruments Act138¶28

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 21.02.2025 dismissing the complaint for non-prosecution in C.C.No.1416/2020 (P.Cr.No.101/2022)¶18
Learned 1st Additional Civil Judge and JMFC, at Harihara · 21.02.2025
Prior proceeding
Complaint registered in PCR No.101/2020 for the offence punishable under Section 138 of the Negotiable Instruments Act.¶28
Prior proceeding
Concerned Court took cognizance of the offence and issued summons on 23.09.2020.¶28
Prior proceeding
Complaint called out; complainant absent with no representation.¶29
Prior proceeding
Complaint again called out at 4.30 pm; still no representation.¶30
Prior proceeding
Trial court found that despite sufficient opportunities the complainant neither appeared nor took steps, showing he was not interested to proceed.¶33
Prior proceeding
Complaint dismissed for non-prosecution.¶34

Parties & counsel

AI extract

petitioner
ANNAPPASWAMY¶11
M.R. HIREMATHAD
respondent
PRAVEENKUMAR K.R.¶17

Coram

AI extract

M.NAGAPRASANNAauthor¶23

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 2 Feb 2026 · February
Registered: 1 Apr 2025
Case no.: CRL.P/4779/2025
CNR: KAHC010213392025
Topic: Cheque Dishonour
Bench: M.nagaprasanna
Disposal: DISMISSED
Case type: CRL.P

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Cite this judgement

Annappaswamy v. Praveenkumar K.R., CRL.P/4779/2025 (KA), decided on 2 February 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Code of Criminal Procedure482
BNNS528
Negotiable Instruments Act138

View all statutes

Procedural history7

Order dated 21.02.2025 dismissing the complaint for non-prosecution in C.C.No.1416/2020 (P.Cr.No.101/2022)Learned 1st Additional Civil Judge and JMFC, at Harihara · 21.02.2025
Complaint registered in PCR No.101/2020 for the offence punishable under Section 138 of the Negotiable Instruments Act.
Concerned Court took cognizance of the offence and issued summons on 23.09.2020.

View full history

Bench / Coram

M.NAGAPRASANNA

Parties & counsel