Karnataka High Court
M/S Megur Prakash Arecanut ... vs Sri K.S. Ganesh on 10 August, 2023
Bench: S Rachaiah
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NC: 2023:KHC:28470
CRL.A No. 1131 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 1131 OF 2023 (A)
BETWEEN:
M/S MEGUR PRAKASH ARECANUT COMPANY
A.P.M.C. YARD, SHIMOGA
REPRESENTED BY ITS PARTNER
Digitally signed
by N UMA SRI. T SRIRANGA
Location: HIGH S/O T MANJAPPA
COURT OF AGED ABOUT 56 YEARS
KARNATAKA
SHIMOGA - 577 202.
...APPELLANT
(BY SRI. K HEMANTH KUMAR, ADVOCATE)
AND:
SRI K.S.GANESH
S/O SRINIVAS GOWDA
AGED ABOUT 49 YEARS
R/O KODLU
UNTOORUKATTE KAIMARA POST
THIRTHALLI TALUK - 577 424.
...RESPONDENT
(BY SRI. NATARAJ D FOR
SRI. PRUTHVI WODEYAR, ADVOCATE)
THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING TO SET
ASIDE THE ORDER OF DISMISSAL OF THE COMPLAINT IN
C.C.NO.77/2007 BY THE CHIEF JUDICIAL MAGISTRATE, SHIMOGA
VIA ORDER DATED 30.11.2013 AND RESTORE THE COMPLAINT
C.C.NO.77/2007 AND ETC.,
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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CRL.A No. 1131 of 2023
JUDGMENT
1. Heard Sri.K.Hemanth Kumar, learned counsel for
the appellant and Sri.Nataraj.D, learned counsel appearing on
behalf of Sri.Pruthvi Wodeyar, learned counsel for the
respondent.
2. The appellant filed a complaint before the Trial
Court against the respondent for the offence under Section 138
of Negotiable Instruments Act (for short 'N.I Act') in the year
2006. After evidence of the appellant, an application under
Section 311 of the Code of Criminal Procedure (for short
'Cr.P.C') was filed by the appellant. The Trial Court allowed the
said application on payment of costs. After examination of the
appellant herein, the appellant sought for marking of the
documents. Some of the documents have been marked and
there are some objections to mark other documents. The
matter set-down for cross of PW.1. Thereafter, it appears from
the order sheet that, PW.1 remained absent on all dates of
hearing. Inspite of sufficient opportunity having been given to
the appellant/PW.1 by the Trial Court, PW.1 remained absent.
Hence, the Trial Court dismissed the complaint for non
prosecution on 30.11.2013. Being aggrieved by the order of
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CRL.A No. 1131 of 2023
dismissal, the appellant preferred revision petition before this
Court.
3. When the matter was set down for final hearing,
this Court noticed that the revision is not maintainable.
Accordingly, ordered for conversion of Criminal Revision
Petition into Criminal Appeal. On perusal of the order sheet
and also the facts and circumstances of the case, it is
appropriate to grant one more opportunity to the
appellant/PW.1 to appear before the Trial Court for cross-
examination by imposing payment of costs.
4. Accordingly, I proceed to pass the following:
ORDER
i) The Criminal Appeal is allowed.
ii) The order dated 30.11.2023 passed in C.C No.77/2007
on the file of Chief Judicial Magistrate, Shimoga is set
aside.
iii) The matter is remitted to the Trial Court and directed
the Trial Court to continue in the stage on which the
case was disposed of.
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CRL.A No. 1131 of 2023
iv) The Trial Court is directed to restore the criminal case
and issue Court notice to the respondent/accused and
proceed with the matter.
v) The appellant shall deposit Rs.5,000/- to the Trial
Court as costs within a period of four weeks from
today.
Sd/-
JUDGE
UN
