Karnataka High Court
Sri D Kiran Kumar vs M/S Purvis Kids Jungle on 2 November, 2023
Bench: G Basavaraja
-1-
NC: 2023:KHC:38999
CRL.A No. 181 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 181 OF 2019 (A)
BETWEEN:
SRI D KIRAN KUMAR
S/O C DAVID
AGED ABOUT 41 YEARS,
DIRECTOR
M/S V K APPARALES PVT LTD.,
NO.72, SW/51, DODDABALLAPUR
INTEGRATED TEXTILE PARK LTD.,
PHASE-II, DODDABALLAPURA
BENGALURU RURAL DISTRICT - 561 203.
...APPELLANT
(BY SRI. BALARAJ A C.,ADVOCATE)
AND:
Digitally signed 1. M/S PURVIS KIDS JUNGLE
by SANDHYA S A PROPRIETORSHIP CONCERN,
Location: High HAVING OFFICE AT NO.3,
Court of
Karnataka NO.5, RAMAIAH PUTTAMMA COMPLEX,
JAYANTHI NAGAR ROAD
NEAR RAGHAVENDRA CIRCLE,
RAMAMURTHYNAGAR
BENGALURU - 560 016
REPRESENTED BY ITS PROPRIETOR
2. ASHWINI
MAJOR
PROPRIETOR,
M/S PURVIS KIDS JUNGLE
A PROPRIETORSHIP CONCERN,
HAVING OFFICE AT NO.3,
-2-
NC: 2023:KHC:38999
CRL.A No. 181 of 2019
NO.5, RAMAIAH PUTTAMMA COMPLEX,
JAYANTHI NAGAR ROAD,
NEAR RAGHAVENDRA CIRCLE,
RAMAMURTHYNAGAR,
BENGALURU - 560 016.
...RESPONDENTS
(V/o DT. 02/11/2023 NOTICE TO R1 & R2 D/W)
CRL.A. FILED U/S 378(4) CR.P.C PRAYING TO SET ASIDE
THE IMPUGNED ORDER AND JUDGMENT DATED 11.07.2017
PASSED BY THE LVIII A.C.M.M., AT BENGALURU IN
C.C.NO.50258/2015, AND ORDER OF RESTORING THE ABOVE
COMPLAINT ON THE FILE OF THE COURT BELOW FOR
PROVIDING A FAIR AND REASONABLE OPPORTUNITY TO THE
APPELLANT FOR PROCEEDINGS WITH THE COMPLAINT FILED
BY HIM AGAINST THE RESPONDENTS, -ACQUITTING THE
RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 ON N.I
ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel for appellant.
2. This appeal is preferred against the order dated
11.07.2017 passed by the LVIII Addl. Chief Metropolitan
Magistrate, Bengaluru in CC No.50258/2015.
3. The trial Court dismissed the case for non-
prosecution and this case is not disposed of on merits. Hence,
considering the facts and circumstances of the case, notice to
respondent is dispensed, appeal is admitted and taken up for
final disposal.
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CRL.A No. 181 of 2019
4. Brief facts of the case :
Appellant/Complainant had filed a complaint against the
accused persons under Section 200 of Cr.P.C. for dishonour of
cheque, which is punishable under Section 138 of Negotiable
Instruments Act. The trial Court has taken cognizance and a
case came to be registered in CC No.50258/2015 on the file of
XIV Addl. C.M.M., Bengaluru. Learned Magistrate on
11.07.2017 dismissed the said case for non-prosecution, which
reads as under:
"Accused prt. Complainant abst no
tendered for cross. Passed over at 3.00 p.m.
sd/- 11/7
Again called at 4.00 PM. Accused present. PW-1
absent. No representation. Inspite of sufficient time
PW-1 not tendered for cross. Cost was also imposed.
It seems complainant not interested in prosecution of
case, no grounds to adjourn the case. Thus evidence
of PW1 discarded.
Complaint is dismissed. Accused acquitted
U/s.138 of NI Act. Bail bonds of accused and surety
cancelled."
5. The order sheet of the trial Court reveals that the
Complainant had already adduced evidence in part as PW1, but
he has not appeared for cross-examination. Hence, trial Court
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CRL.A No. 181 of 2019
has dismissed the case. Further, the order sheet of the trial
Court reveals that even the accused persons also not appeared
before the Court. When the accused persons failed to appear
before the Court, it is the duty of the Court to secure the
presence of the accused person by issuing NBW to the accused
persons for their presence and also notice to surety. But, in the
present case the trial Court cancelled the bail bonds of the
accused as well as surety, which is not permissible under law.
The impugned order passed by the trial Court is illegal and not
sustainable in law, which is contrary to the provisions Code of
Criminal Procedure, 1973. Hence, I proceed to pass the
following order:
ORDER
(i) The appeal is allowed.
(ii) The order dated 11.07.2017 passed by the
LVIII Addl. Chief Metropolitan Magistrate,
Bengaluru in CC No.50258/2015, is set aside.
(iii) The CC No.50258/2015 is restored to its
original file on the file of the LVIII Addl. Chief
Metropolitan Magistrate, Bengaluru.
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CRL.A No. 181 of 2019
(iv) The Appellant/Complainant is directed to
appear before the trial Court on 16.11.2023
without further notice.
(v) Trial Court is directed to secure the presence
of the accused and proceed with the case in
accordance with law as expeditiously as
possible.
(vi) Registry is directed to send a copy of this
order to the trial Court.
Sd/-
JUDGE
VK
