Karnataka High Court
The Managing Director vs Narayan S/O Mukund Gadade on 21 January, 2022
Bench: Dr. H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21st DAY OF JANUARY, 2022
BEFORE
THE HON'BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL APPEAL NO.100150/2019
BETWEEN:
THE MANAGING DIRECTOR
RAITAR SAHAKARI SAKKARE
KARKHANE NIYAMIT, RANNANAGAR, TIMMAPUR,
TQ: MUDHOL, DIST: BAGALKOTE.
REP. BY ITS M.D.
MALLIKARJUN S/O DODDA NAYAK MALLUR,
AGE: 51 YEARS
.. APPELLANT
(BY SRI. SRINIVAS B. NAIK, ADV.)
AND:
NARAYAN S/O MUKUND GADADE
AGE: MAJOR, OCC: CONTRACTOR,
R/O: AT POST RAKSHASAVADI,
TQ: AMBAJOGAI, DIST: BEED,
STATE MAHARASHTRA. PIN CODE-431517
.. RESPONDENT
(RESPONDENT SERVED AND UNREPRESENED.)
THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C.
SEEKING TO SET ASIDE ORDER OF DISMISSAL OF COMPLAINT
FOR NON PROSECUTION DATED 15.2.2019 IN C.C.NO.306/2014
ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, MUDHOL,
REGISTERED FOR THE OFFENCES P/U/S 138 OF NI ACT.
THIS APPEAL COMING ON FOR ADMISSION THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
Crl.A.100150/2019
:2:
JUDGMENT
Counsel for the appellant is appearing through video conference.
Heard his submission on I.A.1/2019 filed under Section 378(4) of
Cr.P.C.
Considering the reasons shown in the affidavit accompanying the
application and also the nature of the appeal, the leave as sought for, is
granted. As such, I.A.1/2019 stands allowed.
Being aggrieved by the dismissal of his complaint in C.C.
No.306/2014 which was filed against the present respondent for the
offence punishable under Section 138 of the Negotiable Instruments Act,
1881 (hereinafter for brevity referred to as 'NI Act'), the complainant in the
Court of Senior Civil Judge and JMFC Mudhol, (hereinafter for brevity
referred to as 'trial Court') has filed the present appeal. His complaint
came to be dismissed vide order dated 15/02/2019 for the reason that, he
failed to take steps for re-issuance of non-bailable warrant against the
accused(respondent).
2. The respondent in this matter, though, has been served, has
remained absent. However, as an abundant caution, he was called out
once again today. Still, he has remained absent.
Crl.A.100150/2019
3. As requested by the learned counsel for the
appellant, the matter, though, is listed for admission,
however, is taken up for its final disposal.
4. Heard the submission of the learned counsel
for the appellant.
5. Learned counsel for the appellant submits
that the accused was a resident of the State of
Maharashtra. As such, securing his address has caused
the delay. However, his earlier attempt in ensuring the
service upon him went in futile. Since the attempt to
secure his address has taken a longer time, the Court
without granting sufficient opportunity, proceeded to
dismiss the complaint for not taking steps.
6. The contention of the appellant has not been
denied or disputed by the respondent, who has been
remained absent in this appeal.
Crl.A.100150/2019
7. A perusal of the order sheet in CC
No.306/2019 would also go to show that the trial Court
had issued NBW against the accused before it.
However, it could not secure the presence of the
accused. Though the complainant had taken proper
steps earlier to ensure service of notice upon the
accused, still the presence of the accused could not be
secured. In such a circumstance, when the complainant
specifically contend that, ascertaining the present,
complete and correct address of the
accused(respondent) has taken sometime and same was
not considered by the trial Court, makes me to hold that
the trial Court should have considered the said request
of one more adjournment, that too particularly, when
the nature of allegation is the one punishable under
Section 138 of NI Act.
8. Accordingly, the Criminal Appeal stands
allowed.
Crl.A.100150/2019
The order of dismissal of the complaint for non-
prosecution dated 15.02.2019 passed in C.C.
No.306/2014 by the learned Senior Civil Judge and
JMFC, Mudhol, is set aside. The said C.C. No.306/2014
is restored on its file.
In order to avoid any further delay in the matter,
the appellant herein(complainant) to appear before the
said trial Court on 21.02.2022 and participate in the
further proceeding.
Registry to transmit a copy of this order to the
concerned trial Court without any delay.
Sd/-
JUDGE
kmv
