Karnataka High Court
Sri Rajshree Commercial And Industrial ... vs Sri Hemanth Raj L S on 19 April, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:15541
CRL.A No. 42 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 42 OF 2023
BETWEEN:
SRI. RAJSHREE COMMERCIAL AND
INDUSTRIAL COMPANY PVT. LIMITED
PROCESSORS AND EXPORTERS OF GHERKINS,
HULUGONDANAHALLI VILLAGE,
HAROHALLI HOBLI, KANAKAPURA TALUK,
RAMANAGARA DISTRICT,
REPRESENTED BY ITS MANAGER
SRI. ANANDA H.B,
...APPELLANT
(BY SRI. SURESH SUBRAY MADIVAL, ADVOCATE)
AND:
SRI. HEMANTH RAJ L.S,
S/O. SEVYA NAIK,
PROPRIETOR JAIVIKA AGRO EXPORTERS,
Digitally MOTHIKAL THANDA, LOTTANAKERE,
signed by V KOTTUR, KODLAGI TALUK, BALLARI DISTRICT.
KRISHNA
Location: High ...RESPONDENT
Court of (RESPONDENT - SERVED)
Karnataka
THIS CRL.A IS FILED U/S.378(4) OF CR.P.C PRAYING TO
SET ASIDE THE ORDER DATED 02.03.2022 (ANNEXURE-B)
PASSED IN THE SAID CASE AND DIRECT THE TRIAL COURT TO
DISPOSE OF THE SAID COMPLAINT, BY GIVING OPPORTUNITY
TO THE PARTIES AND AWARD COST OF THIS CASE FROM
RESPONDENT.
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NC: 2024:KHC:15541
CRL.A No. 42 of 2023
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred against the order dated
02.03.2022 passed by the Principal Civil Judge and JMFC,
Kanakapura in CC.No.806/2016, dismissing the complaint
for non-prosecution.
2. Against the impugned order, the complainant
preferred a criminal revision petition before the learned
Sessions Judge which was later withdrawn for want of
jurisdiction, with a liberty to file an appeal before this
Court.
3. The matter pertains to dishonour of a cheque
allegedly issued by the accused for a sum of
Rs.10,00,000/- (Rupees Ten Lakhs only). The complaint
was dismissed for default and non-prosecution, since the
complainant and his counsel failed to appear before the
Court on 02.03.2022. It appears that during the relevant
period SOP was in operation due to COVID-19 Pandemic.
NBW issued against the accused was also pending and not
NC: 2024:KHC:15541
executed. Since the complainant and his counsel were
absent, the learned Magistrate, dismissed the complaint
for non-prosecution. The complainant is required to be
given an opportunity to prosecute his case, in the interest
of justice. Hence, the following:
ORDER
1. Appeal is allowed.
2. The order dated 02.03.2022 passed by the
Principal Civil Judge and JMFC,
Kanakapura in CC No.806/2016 dismissing
the complaint for non-prosecution is
hereby set-aside.
3. The complaint shall be restored to its file
and the learned Magistrate shall proceed
with the case in accordance with law.
4. The complainant shall appear before the
trial Court, without further notice on
03.06.2024 and shall deposit cost of
Rs.3,000/- (Rupees Three Thousand only)
before the trial Court.
Sd/-
JUDGE
PK
CT: BHK
