Karnataka High Court
Mrs. Padmavathi Bharadwaj vs Sri Veera Kumar on 29 June, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.745 OF 2022
BETWEEN
MRS. PADMAVATHI BHARADWAJ,
D/O. DR. D. VIDYAKAR,
AGED ABOUT 54 YEARS,
R/AT NO.25, 3RD MAIN,
RAMAIAH LAYOUT, KAMMANAHALLI,
BANGALORE - 560 084. ... APPELLANT
[BY SRI. VIPIN KUMAR JAIN, ADVOCATE]
AND
SRI. VEERA KUMAR,
S/O. SRI. P. SATHYANARAYANA,
AGED ABOUT 62 YEARS,
R/AT NO.410, 2ND BLOCK,
HRBR LAYOUT, KALAYANNAGAR,
BANGALORE - 560 043. ... RESPONDENT
[BY SRI. RAMAKRISHNAPPA P.N., ADVOCATE]
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED
01.01.2022 IN C.C. NO.59002/2018 IN ANNEXURE-B AND
RESTORE THE COMPLAINT TO ITS ORIGINAL STAGE, PENDING ON
THE FILE OF THE (LVIII ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE) CURRENTLY NUMBERED AS (XXXIV ADDITIONAL
CHIEF METROPOLITAN MAGISTRATE), BANGALORE.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS,
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
2
JUDGMENT
Special Leave to appeal is granted.
I.A.No.1/2022 is allowed.
This appeal is preferred by the complainant in C.C.
No.59002/2018 on the file of LVII Additional Chief
Metropolitan Magistrate, currently numbered as XXXIV
Additional Chief Metropolitan Magistrate, Bengaluru,
praying to set aside the order dated 01.01.2022,
whereby the complaint was dismissed for not taking
steps.
2. Heard both the sides and perused the material
on record.
3. Complaint was filed in respect of dishonour of
cheques issued by the respondent for a sum of
Rs.36,00,000/- (Rupees Thirty Six Lakhs only) in total.
The order sheet would disclose that the complaint was
presented on 16.10.2018. The complainant filed his
affidavit in lieu of sworn statement. Summons came to
be issued to the accused and since he did not respond to
the summons, NBW was issued. Pursuant to issuance of
NBW, the accused appeared before the Court on
19.03.2020 and he was enlarged on bail. Thereafter, in
view of the closure of the Court on account of the
pandemic, the matter was adjourned from time to time.
The order sheet further discloses that both the accused
and complainant remained absent subsequently on
several occasions. On 05.10.2021, the complainant was
present and NBW was issued to the accused returnable
by 18.11.2021.
4. The learned counsel for appellant submits that
though the date given was on 18.11.2021, the case was
called on 17.11.2021. On that day NBW was re-issued to
the accused. Subsequently, on 15.12.2021, 31.12.2021
and 01.01.2022 both the accused and complainant were
absent. The learned Magistrate proceeded to dismiss the
complaint for not taking steps on 01.01.2022, observing
that inspite of providing sufficient opportunities, steps
are not taken.
5. The order sheet maintained by the trial Court
would disclose that initially summons was issued to the
accused and steps were taken but the accused did not
appear before the Court. Therefore, NBW was issued
and pursuant to the same the accused appeared and he
was enlarged on bail. Thereafter, once again the
accused remained absent and NBW was re-issued to him.
6. The learned counsel for appellant submits that
the amount involved is huge and therefore, if the
complainant is not given an opportunity to prosecute his
complaint then great hardship and loss would be caused.
He submits that henceforth the complainant will
diligently prosecute his complaint by taking necessary
steps.
7. The learned counsel for respondent submits
that on the next date of hearing the respondent will
appear before the trial Court.
8. Considering the above facts and
circumstances of the case and the submission made by
the learned counsel appearing on both sides, I deem it
proper to give an opportunity to the complainant to
prosecute his complaint, to meet the ends of justice.
Hence, the following
ORDER
Appeal is allowed.
The order dated 01.01.2022 passed in C.C.
No.59002/2018 pending on the file of XXXIV Additional
Chief Metropolitan Magistrate, Bengaluru is hereby set
aside.
The complaint shall be restored to its file and the
learned Magistrate is directed to proceed further in
accordance with law.
Both the parties are directed to appear before the
trial Court on 15.07.2022 without further notice and shall
cooperate for the early disposal of the case.
Sd/-
JUDGE
HB/-
