Karnataka High Court
Mohammad Rehan Mulla vs Praveen S/O Mohan Savanur on 3 July, 2024
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NC: 2024:KHC-D:9111
CRL.A No. 100301 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100301 OF 2024 (A-)
BETWEEN:
MOHAMMAD REHAN MULLA,
AGE: 45 YEARS, OCC: BUSINESS,
R/AT: DIDDI ONI, NEAR MAJID,
OLD HUBBALLI, HUBBALLI,
DIST: DHARWAD - 580 024.
...APPELLANT
(BY SRI. GOURI SHANKAR MOT, ADVOCATE)
AND:
PRAVEEN S/O. MOHAN SAVANUR,
AGE: 32 YRS, OCC: BUSINESS,
R/AT: C/O. SAVANUR OIL DISTRIBUTORS,
HIREPETH HUBBALLI,
KARNATAKA 580 028.
...RESPONDENT
THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C.,
CHANDRASHEKAR HIGH
LAXMAN COURT OF
KATTIMANI
KARNATAKA SEEKING TO SET ASIDE ORDER DATED 15.04.2024 PASSED IN CC
NO.1580/2023 BY THE JMFC III COURT, AT HUBBALLI FOR
OFFENCES PUNISHABLE U/S 138 OF N.I.ACT, 1881 IN DISMISSING
THE CASE FOR NON-PROSECUTION AND SUBSEQUENTLY DIRECT
THE JMFC-III, COURT, AT HUBBALLI TO DISPOSE OF CASE ON
MERITS AFTER GIVING PROPER OPPORTUNITY TO THE APPELLANT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:9111
CRL.A No. 100301 of 2024
JUDGMENT
This appeal is filed by the appellant seeking to set
aside the order dated 15.04.2024 passed by the JMFC III
Court at Hubli in CC No.1580/2023 wherein the trial Court
dismissed the complaint of the complainant for non-
prosecution.
2. Heard the learned counsel for the appellant.
3. Notice to the respondent is dispensed with on
considering the memo filed by the learned counsel for the
appellant as it involves small matter and no prejudice
would be caused to the respondent if the matter is
restored. Anyhow, opportunity to cross examine PW1 by
the accused would be available.
4. The complainant filed a complaint under Section
200 of Cr.P.C. for the offence punishable under Section
138 of N.I. Act on 01.03.2023. Thereafter, the matter has
been set down for the evidence of PW1 on 21.08.2023.
After that, the matter has been set down for cross of PW1
on 26.08.2023. Thereafter, on 26.08.2023, the
NC: 2024:KHC-D:9111
complainant and his counsel both were absent. On
08.09.2023, complainant and counsel present. However,
the cross examination of PW1 was not taken place. Again,
on 07.10.2023, complainant's counsel present. Cross of
PW1 was not done. On 16.10.2023, complainant's counsel
present. Complainant was not present. On 08.12.2023,
Rs.500/- cost was imposed for the appearance of the
complainant. On 05.02.2024, the complainant failed to
appear before the trial Court. Matter was adjourned. On
16.03.2024, complainant's counsel was present.
Complainant remained absent. On 15.04.2024, the
complainant was not present. The trial Court dismissed the
complaint for non-prosecution.
5. On perusal of the order sheet, the appellant-
complainant was not diligent in prosecuting the complaint
and it is unfortunate that he being a complainant, did not
appear even though several opportunities were given to
him.
6. Having considered the facts of the case, one
more opportunity is required to be given to the
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complainant to appear before the trial Court and subjected
himself for cross examination. Therefore, it is appropriate
to remand the matter by giving one more opportunity.
Accordingly I proceed to pass the following order:-
The appeal is allowed on payment of cost of
Rs.2,000/- payable to the Legal Services Authority, High
Court of Karnataka, Dharwad Bench, Dharwad.
The order dated 15.04.2024 passed by the JMFC III
Court at Hubli in CC No.1580/2023 is set aside.
The matter is remitted to the trial Court and the trial
Court is directed to restore the matter from the stage of
cross examination of PW1.
It is made it clear that, in case, if the complainant
remained absent and not available for cross examination,
the liberty is reserved to the trial Court to take appropriate
steps.
Sd/-
JUDGE
VMB
CT:ANB
