Smt Kamala vs Smt Lalitha
2023 Latest Caselaw 10283 Kant

Citation : 2023 Latest Caselaw 10283 Kant
Judgement Date : 12 December, 2023

Karnataka High Court

Smt Kamala vs Smt Lalitha on 12 December, 2023

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                                  -1-
                                                              NC: 2023:KHC:45208
                                                         CRL.P No. 12887 of 2023




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 12TH DAY OF DECEMBER, 2023

                                               BEFORE
                         THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                               CRIMINAL PETITION NO. 12887 OF 2023
                        BETWEEN:

                        SMT. KAMALA,
                        W/O PUTTASWAMY MEGOWDA A.R.,
                        AGED ABOUT 53 YEARS,
                        R/AT LAKSHMI NILAYA,
                        VISHWARAIAH BADAWANE,
                        2ND CROSS, RING ROAD,
                        SALIGAME ROAD,
                        HASSAN TOWN - 573 201.
                        HASSAN.
                                                                   ...PETITIONER
                        (BY SRI. CHETHAN B., ADVOCATE)

                        AND:

Digitally signed by B
K                       SMT. LALITHA,
MAHENDRAKUMAR
Location: HIGH
                        W/O LATE BHEEMAGOWDA,
COURT OF
KARNATAKA               AGED ABOUT 49 YEARS,
                        R/AT MADHU RAVESH NILAYA,
                        VISHWESHWARAIAH BADAWANE,
                        3RD CROSS, RING ROAD,
                        SALIGAME ROAD,
                        HASSAN TOWN - 573 201,
                        HASSAN.
                                                                  ...RESPONDENT
                                   -2-
                                                 NC: 2023:KHC:45208
                                           CRL.P No. 12887 of 2023




       THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
SET    ASIDE    THE     ORDER     DATED    12.09.2023   PASSED    IN
CRIMINAL       APPEAL    NO.135/2022       BY    THE   HONBLE    2nD
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT HASSAN AS
PER ANNEXURE A AND RESTORE THE APPEAL.

       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

                                ORDER

Petitioner had challenged the judgment of conviction, which was dismissed for non-prosecution. Hence, this petition is filed. Service of notice to respondent is dispensed with.

2. Learned counsel for petitioner submits that the petitioner is convicted for the offences punishable under Section 138 of NI Act, in terms of the Order passed by the Appellate Court. The petitioner had deposited 20% of the fine amount, but when the trial was set out for arguments, the petitioner remained absent on four occasions and the Appellate Court had no option, but to dismiss the petition for non prosecution. Though, sufficient opportunity was given to the petitioner, to secure the ends of justice, it would be appropriate to provide one more opportunity to the petitioner to address his arguments, otherwise the judgment of conviction will attain finality. No prejudice would be caused to the complainant/respondent, if the appeal is restored and disposed off on merits. Accordingly, I pass the following orders:

NC: 2023:KHC:45208

ORDER

i. Criminal petition is allowed.

ii. Impugned Order dated 12.09.2023 passed in Criminal Appeal No.135/2022 by the Hon'ble 2nd Additional District and Sessions Judge at Hassan, dismissing the appeal for non prosecution, is hereby quashed and the appeal is restored to its original file.

iii. This Order is subject to payment of cost of Rs.7,500/- to the respondent/complainant.

iv. It is made clear, if the petitioner does not address his arguments on the date fixed, learned Sessions Judge is to proceed in accordance with law.