Karnataka High Court
CRL.A/1898/2025 of SRI K R SUBRAMANYA Vs SRI POLLA KESAPPA on 18 February 2026
NC: 2026:KHC:9975 CRL.A No. 1898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1898 OF 2025 ( A ) BETWEEN: 1. SRI. K.R.SUBRAMANYA S/O LATE K.S.RAMAIAH AGED ABOUT 53 YEARS R/AT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1898 OF 2025 (A)
BETWEEN:
1.
SRI. K.R.SUBRAMANYA
S/O LATE K.S.RAMAIAH
AGED ABOUT 53 YEARS
R/AT NO.6/1, SY.NO.291/1A
"A R ASHIRWADA"
SHANBOUGH NILAYA
K.S.RAMAIAH LAYOUT
KADUGODDI
BENGALURU-560 067.
…APPELLANT
(BY SRI. NAGABHUSHAN R., ADVOCATE)
AND:
1.
SRI. POLLA KESAPPA
AGED ABOUT 45 YEARS
R/AT NO.3
VEERASWAMY REDDY LAYOUT
NEAR SHIRDI SAI BABA TEMPLE
KADUGODI,
BENGALURU-560 067.
…RESPONDENT
THIS CRL.A FILED U/S 378(4) CR.PC (FILED U/S 419(4)
OF BNSS) PRAYING TO SET ASIDE THE ORDER DATED
10.07.2025 IN CC.NO.1064/2022, PASSED BY THE HONBLE I
Digitally
signed by
GEETHA P G
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
ADDL. CJM, BENGALURU RURAL DISTRICT, BENGALURU BY
REMANDING
BACK
THE
CRIMINAL
COMPLAINT
TO
ITS
ORIGINAL FILE TO DECIDE IT, ON MERITS.
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
The appellant has preferred this appeal against the impugned order passed by the I Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in C.C.No.1064/2022 dated 10.07.2025.
2. The appellant/complainant had filed a complaint under Section 138 of N.I. Act. After taking cognizance, a case was registered in C.C.No.1064/2022 and summons was issued to the accused. The case was adjourned from time to time till 10.07.2025. On 10.07.2025 the Court has passed the following order: "Complainant and counsel absent, perused order sheet, from several hearing dates complainant and counsel regularly absent before the court. It shows that
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complainant is not interested in the case, hence this complaint is dismissed for non prosecution."
3. In the memorandum of appeal it is stated that the appellant is not well educated. He depended upon his counsel, who had never instructed and intimated about the proceedings for which the appellant is suffering from the order of dismissal.
4. Considering the grounds urged in the memorandum of appeal, I proceed to pass the following:
ORDER
i. The appeal is allowed. ii. The impugned order passed by the I Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in C.C.No.1064/2022 dated 10.07.2025 is set aside and C.C.No.1064/2022 shall be restored.
iii. The Trial Court is directed to secure the presence of both the parties and proceed with the case in accordance with law. Registry is
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directed to send the copy of this order to the concerned trial Court.
SD/- (G BASAVARAJA) JUDGE
PGG List No.: 1 Sl No.: 22