Smt. Vani Suresh vs M. Mahadevaiah
2023 Latest Caselaw 7578 Kant

Citation : 2023 Latest Caselaw 7578 Kant
Judgement Date : 6 November, 2023

Karnataka High Court

Smt. Vani Suresh vs M. Mahadevaiah on 6 November, 2023

Bench: G Basavaraja

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                                                        NC: 2023:KHC:39357
                                                    CRL.A No. 1791 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 6TH DAY OF NOVEMBER, 2023

                                        BEFORE
                          THE HON'BLE MR JUSTICE G BASAVARAJA
                           CRIMINAL APPEAL NO. 1791 OF 2022
                 BETWEEN:

                 SMT. VANI SURESH,
                 W/O. K. C. SURESH,
                 AGED ABOUT 45 YEARS,
                 R/O VEERANNA LAYOUT,
                 HOUSE NO.64, 3RD CROSS,
                 5TH STAGE, VINBHANAGARA,
                 SHIMOGA CITY - 577 221.
                                                              ...APPELLANT
                 (BY SMT. MANJULA D., ADVOCATE)

                 AND:

                 M. MAHADEVAIAH,
                 S/O MAHADEV,
                 AGED ABOUT 52 YEARS,
                 DAR ASI, R/O NETHRAVATHI,
Digitally        BLOCK NO.10, POLICE QUARTERS,
signed by
SANDHYA S        SHIVAMOGGA CITY - 577 221.
Location: High                                              ...RESPONDENT
Court of
Karnataka        (BY SRI. SANDESH T.B., ADVOCATE)

                      THIS CRL.A IS FILED U/S.378(4) OF THE CODE OF
                 CRIMINAL PROCEDURE R/W 27 OF P.C ACT OF CR.P.C PRAYING
                 TO SET ASIDE THE ORDER DATED 07.06.2022 PASSED BY THE
                 II ADDL. SENIOR CIVIL JUDGE AND JMFC, SHIVAMOGGA IN
                 C.C.NO.2714/2021   (OLD NO.998/2020)    AND   RESTORE
                 C.C.NO.2714/2021 TO PROCEED THE CASE.

                     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                 COURT DELIVERED THE FOLLOWING:
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                                                    NC: 2023:KHC:39357
                                              CRL.A No. 1791 of 2022




                             JUDGMENT

Heard on main appeal.

2. The complainant/appellant has preferred this

appeal against the impugned order dated 07.06.2022

passed by the trial Court.

3. Brief facts of the case of the appellant is that

respondent is the brother-in-law of the appellant.

Accused/respondent had borrowed an amount of

Rs.3,50,000/- on 30.11.2019 and agreed to repay the

same within two months. After two months, the appellant

demanded for repayment of loan amount of Rs.3,50,000/-.

The respondent issued a post dated cheque dated

12.02.2020 drawn on Syndicate Bank bearing No.507268.

When the cheque was presented for encashment, the

same was returned with shara 'funds insufficient'.

Thereafter, the appellant/complainant had issued a notice

for payment of cheque amount. Since, the respondent had

failed to pay the cheque amount, complainant filed a

NC: 2023:KHC:39357 CRL.A No. 1791 of 2022

complaint under Section 200 of Cr.P.C. for the commission

of offence punishable under Section 138 of N.I. Act.

4. After recording the sworn statement of the

complainant, the trial Court took cognizance against the

respondent/accused for the commission of offence

punishable under Section 138 of N.I. Act and a case was

registered in C.C.No.998/2020. In response to the

summons issued by the trial Court, the respondent

appeared before the trial Court. After recording the plea,

the case was posted for evidence. As per order dated

10.01.2022, the trial Court had considered the sworn

statement of the complainant as examination-in-chief of

the complainant following the guidelines issued in the

Indian Bank case and the case was posted for cross-

examination of PW.1. On 07.06.2022, the trial Court has

passed the following order:

"Accused is absent. EP is filed. Allowed for today. PW1 is absent. No representation. A perusal of order sheet shows that the PW1 has been absent since 17.02.2022. It appears that he is not

NC: 2023:KHC:39357 CRL.A No. 1791 of 2022

interested to prosecute the case. Hence the complaint stands dismissed for non prosecution."

5. A perusal of the impugned order, it is crystal

clear that on 07.06.2022, the respondent/accused also

remained absent. Learned counsel for the appellant

submits that due to some personal inconvenience of the

appellant, she could not appear before the trial Court to

prosecute her case.

6. Considering the grounds assigned in the

memorandum of appeal, it is just and proper to provide

one more opportunity to the appellant/complainant to

prosecute her case. Hence, I proceed to pass the