Karnataka High Court
Mr. Prashant Goenka vs Mr. Pawan Kumar Bhoot on 16 January, 2024
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CRL.A No. 1223 of 2023
NC: 2024:KHC:1837
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.1223 OF 2023
BETWEEN:
MR. PRASHANT GOENKA
AGED ABOUT 44 YEARS,
S/O BALAKRISHNA GOENKA,
HAVING OFFICE AT:
NO.97, 3RD FLOOR, MALOO PLATINUM,
CHANDRA LAYOUT, ENGALURU - 560 040.
PHONE NO.9071303836
EMAIL ID. [email protected]
...APPELLANT
(BY SRI. ANUPAM AGARWAL, ADVOCATE)
AND:
MR. PAWAN KUMAR BHOOT
THE EDITOR OF POLICE PUBLIC PRESS MAGAZINE,
CORPORATE OFFICE AT G-8,
Digitally G.K.HOUSE, 187-A, SANT NAGAR,
signed by
REKHA R EAST OF KAILASH, NEW DELHI - 110 065.
Location: High PHONE NO.9377100100
Court of EMAIL ID: [email protected], [email protected]
Karnataka
...RESPONDENT
THIS CRL.A. IS FILED UNDER SECTION 378(4) OF CR.P.C
PRAYING TO a) SET ASIDE THE IMPUGNED ORDER DATED
19.05.2023 PASSED BY THE LEARNED XVI ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BENGALURU IN
C.C.NO.224/2021, VIDE ANNEXURE A; b) PASS NECESSARY
ORDERS TO RESTORE THE FILE IN C.C.NO.224/2021, ON THE
FILE OF THE XVI ADDL. CHIEF METROPOLITAN MAGISTRATE AT
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CRL.A No. 1223 of 2023
NC: 2024:KHC:1837
BENGALURU; c) PASS SUCH OTHER ORDERS AS MAY BE
FOUND EXPEDIENT IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the complainant, challenging the
dismissal of the complaint filed by him against
respondent/accused for the offence punishable under
Section 138 of N.I.Act.
2. According to the complainant, he filed the
complaint in question regarding dishonour of cheque dated
21.10.2019 for a sum of Rs.20,00,000/-. Despite issue of
legal notice dated 11.11.2019, accused failed to pay the
amount due under the cheque and hence the complaint.
3. On 23.12.2019, the trial Court ordered for
registering the case. On 23.11.2020, sworn statement of
complainant was recorded in part and Ex.P1 to 5 were
marked. On 10.12.2020, further sworn statement of
complainant was recorded and Ex.P6 to 8 were marked.
Based on the evidence placed on record, the trial Court
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issued summons against the accused. When accused failed
to appear, non-bailable warrants were ordered to be
issued against him on several occasions. However,
accused successfully evaded the process of the Court.
Ultimately, on 19.05.2023, the trial Court dismissed the
complaint, on the ground that the complainant is not
diligent in prosecuting the complaint, which order is under
challenge in this appeal.
4. Heard arguments and perused the record.
5. Thus, the complaint in question was filed
regarding dishonour of the cheque for a sum of
Rs.20,00,000/- issued by the accused. The perusal of the
order sheet makes it evident that despite taking several
steps, the accused has consistently evaded service of
summons as well as execution of warrant, as a result of
which his presence could not be secured even after lapse
of four years. Despite the trial Court granting several
adjournments and the complainant taking steps, the
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presence of accused is not secured. However, it is not a
ground to dismiss the complaint. It is pertinent to note
that accused is a resident of Delhi and it appears taking
advantage of the said fact, he is successfully evading the
process of the Court, for which the accused cannot be
rewarded by dismissing the complaint. The cheque amount
is Rs.20,00,000/-. Taking into consideration the above
facts, this Court is of the considered opinion that one more
opportunity be given to the complainant to secure the
presence of accused and accordingly, I proceed to pass the
following:
ORDER
(i) Appeal is allowed.
(ii) The impugned order dated 19.05.2023 is set
aside. The complaint is restored to the file.
(ii) The complainant is directed to appear before
the trial Court on 06.02.2024 without waiting
for further notice from the trial Court.
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(iii) The complainant is directed to take steps
against the accused and assist the concerned
police in securing his presence and proceed
with the matter.
Sd/-
JUDGE
RR
