Karnataka High Court
Sri Channabasappa S/O ... vs Sri Hanumanthagouda S/O ... on 25 August, 2022
Bench: J.M.Khazi
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CRL.A No. 100378 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 25TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO. 100378 OF 2022 (A-)
BETWEEN:
SRI CHANNABASAPPA
S/O HANUMANTHAPPA HOLEYAPPANAVAR
AGE. 61 YEARS, OCC. BUSINESS,
R/O. WARD NO.12,
BASAVESHWAR NAGAR, KOPPAL,
TQ. AND DIST. KOPPAL-583231
...COMPLAINANT/PETITIONER
(BY SRI. NEELENDRA.D.GUNDE, ADVOCATE)
AND:
SRI HANUMANTHAGOUDA
S/O. AMBANAGOUDA PATIL
AGE. 56 YEARS, OCC. LAB TECHNICIAN,
R/O. SHARADA LAB, RAMPUR, HOSPITAL,
OPPOSITE VIVEKANANDA SCHOOL, KOPPAL,
TQ. AND DIST. KOPPAL-583231.
ANNAPURNA
...ACCUSED/RESPONDENT
CHINNAPPA
DANDAGAL (NOTICE DISPENSED WITH)
Digitally signed by
ANNAPURNA
THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C.,
CHINNAPPA
DANDAGAL
Location: HIGH COURT
OF KARNATAKA,
DHARWAD BENCH,
SEEKING TO ALLOW THIS CRIMINAL APPEAL BY SETTING
DHARWAD.
ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED
10.06.2022 PASSED IN CC NO.956/2017 PASSED BY THE CIVIL
JUDGE AND JMFC KOPPAL, REGISTERED FOR THE OFFENCES
PUNISHABLE U/S 138 OF N.I. ACT AND RESTORE IT TO THE
FILE.
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CRL.A No. 100378 of 2022
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING.
JUDGMENT
Notice to the respondent is dispensed with.
2. For the sake of convenience parties are referred by
their rank before the trial Court.
3. Being aggrieved by the dismissal of the complainant
for non prosecution by order dated 10.06.2022 in
C.C.No.956/2017 on the file of Civil Judge and JMFC, Koppal,
the complainant has filed this appeal.
4. Complainant filed a private complaint in PCR
No.293/2017 against the accused alleging the offence under
Section 138 of N.I. Act, contending that having taken hand
loan of Rs.12,00,000/-, for his legal necessity and to improve
his lab, accused failed to repay the same and on insistence of
the complainant, he issued a cheque which came to be
dishonored.
5. After taking cognizance and registering case in C.C.
No.956/2017, accused appeared before the trial Court and
CRL.A No. 100378 of 2022
secured bail. Later on, he remained absent. On 10.06.2022,
the trial Court has dismissed the complaint on the ground that
the complainant has not furnished process for issuing non
bailable warrant to the accused.
6. The learned counsel for the appellant argued and
submitted that through out, the complainant has prosecuted
the case diligently. Only on 10.06.2022, complainant was not
present, however he was represented by the counsel. Having
regard to the fact that the amount involved in the cheque is
heavy i.e., Rs.12,00,000/-, the trial Court ought to have given
reasonable opportunity to take steps.
7. Heard the arguments and perused the records.
8. As evident from the record, based on the sworn
statement of the complainant and documents, the trial Court
has taken cognizance for the offence punishable under Section
138 of N.I. Act and on service of summons, accused appeared
and secured bail. In fact, when the case was posted for
recording his plea, he has remained absent and sought for
exemption. Only on 04.01.2022, on the absence of the
accused and his counsel warrant came to be issued. The same
CRL.A No. 100378 of 2022
order is repeated on 04.03.2022, 21.04.2022 and ultimately
on the third hearing date i.e., 10.06.2022 the complaint is
dismissed for not taking steps. However, the order sheet does
not state whether the non-bailable warrant was not issued for
want of taking steps. Any how, having regard to the fact that
the stake involved is very high, this Court is of the considered
opinion that complainant should be given one more
opportunity to prosecute the complaint, secure the presence of
the accused and proceed with the matter and accordingly, the
following;
ORDER
Appeal is allowed.
The impugned order dated 10.06.2022 in
C.C.No.956/2017 passed by the learned Civil Judge
and JMFC, Koppal, is hereby set aside.
Complaint is restored to the original file with a
direction to the complainant to take steps against the
accused and prosecute the matter diligently without
seeking unnecessary adjournments.
CRL.A No. 100378 of 2022
The complainant is directed to appear
before the trial Court on 20.09.2022 and take steps
against the accused for issue of non-bailable warrant
and proceed with the matter.
SD/-
JUDGE
YAN/PJ
