Karnataka High Court
Sri. Devidas Gaonkar vs Sri. B. S. Krishnamurthy on 26 July, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC:29415
CRL.A No. 1667 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1667 OF 2023
BETWEEN:
SRI DEVIDAS GAONKAR
SON OF SAIROBHA GAONKAR
AGED ABOUT 58 YEARS
RESIDING AT No. 1881
11TH 'A' MAIN ROAD, 39TH CROSS
47TH BLOCK, JAYANAGAR
BANGALORE - 560 041.
...APPELLANT
(BY SMT. SUMAN HEGDE, ADVOCATE FOR
SRI. SIDDAMALLAPPA P M, ADVOCATE)
AND:
1. SRI B. S. KRISHNAMURTHY
Digitally signed by SON OF B.SATHYANARAYANA SHETTY
LAKSHMINARAYANA AGED ABOUT 55 YEARS
MURTHY RAJASHRI
Location: HIGH RESIDING AT No. 27
COURT OF
KARNATAKA 17TH CROSS, 1ST MAIN
B.K.NAGAR, YESHWANTHAPUR
BANGALORE - 560 022.
2. SRI B.K. ROOPA
WIFE OF B.S.KRISHNAMURTHY
AGED ABOUT 53 YEARS
RESIDING AT No. 27,
17TH CROSS, 1ST MAIN
B.K.NAGAR, YESHWANTHAPUR
BANGALORE - 560 022.
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NC: 2024:KHC:29415
CRL.A No. 1667 of 2023
3. SRI. SANJAOI S. BAGALANI
SON OF CHANDA B. BAGALANI
AGE ABOUT 51 YEARS
RESIDING AT No. 358
11TH CROSS, 2ND BLOCK
R T NAGAR,
BANGALORE - 560 032.
4. SRI. BUJANGA SETTY
CHIEF MANAGER
VIJAYA BANK
JALAHALLI BRANCH
BANGALORE .
5. SRI RAMESH
SON OF SANJAY SETTY
AGED ABOUT 48 YEARS
CASHIER, VIJAYA BANK
JALAHALLI BRANCH
BANGALORE.
...RESPONDENTS
(BY SRI RAJANNA H, ADVOCATE FOR R1 TO R5)
THIS CRL.A. IS FILED U/S.378(4) Cr.P.C PRAYING TO
SET ASIDE THE ORDER OF ACQUITTAL DATED 08.04.2021
PASSED IN C.C.No.223031/2016 BY LEARNED XXIV ACMM
BENGALURU AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
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NC: 2024:KHC:29415
CRL.A No. 1667 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR)
1. This appeal is filed by the complainant praying to
set-aside the order dated 08.04.2021 passed in
C.C.No.23031/2016 by the learned XXIV Additional Chief
Metropolitan Magistrate, Bengaluru.
2. The appellant is the complainant and the respondents
are the accused in C.C.No.23031/2016. The said criminal
case came to be listed on 08.04.2021 for recording the
evidence before charge. As the complainant did not
appear on that date, the said complaint came to be
dismissed for non-prosecution.
3. Heard learned counsel for the appellant and learned
counsel for the respondents.
4. Learned counsel for the appellant would contend that
the date on which the case came to be dismissed ie.,
08.04.2021, there was COVID-19 and there was limited
functioning of the Courts. Therefore, the complainant did
NC: 2024:KHC:29415
not appear on that date and it resulted in dismissal of the
case for non-prosecution.
5. Learned counsel for the respondents would contend
that the respondents / accused Nos.1 to 5 were present
before the Trial Court on 16.03.2021 and also on
08.04.2021. He submits that the contention of the
appellant - complainant that there was COVID-19 and
there was restrictions for appearance of the parties to the
Court is not correct, since the respondents - accused
Nos.1 to 5 appeared on both the dates.
6. The said criminal case came to be listed on
16.03.2021 for recording the evidence before charge of
the complainant. The complainant who is the appellant
herein did not appear on that date and the case came to
be adjourned, subject to payment of costs of Rs.2,500/-.
On the adjourned date ie., on 08.04.2021, again the
complainant and his counsel were absent and noting the
same, the case came to be dismissed for non-prosecution.
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7. Considering the fact that there was COVID-19 and
there was some restrictions for the parties to appear
before the Court and considering the offences alleged
under Sections 419 and 420 of IPC, the impugned order
requires to be set-aside, subject to payment of costs of
Rs.5,000/-, which includes Rs.2,500/-, as imposed by the
Trial Court by order dated 16.03.2021. In the result, the
following;
ORDER
(i) The appeal is allowed. The impugned order
dated 08.04.2021 passed in C.C.No.23031/2016
by the XXIV Additional Chief Metropolitan
Magistrate, Bengaluru is set-aside, subject to
payment of costs of Rs.5,000/-, payable to the
respondents - accused Nos.1 to 5.
(ii) C.C.No.23031/2016 on the file of the XXIV
Additional Chief Metropolitan Magistrate,
Bengaluru is ordered to be restored to file and it
is to be disposed of, in accordance with law.
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(iii) The appellant - complainant shall deposit
the said costs of Rs.5,000/- before the Trial
Court, within one month from this date.
(iv) The parties shall appear before the Trial
Court on 30.08.2024, without awaiting the Court
notice.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
GH
