Karnataka High Court
Sri Ramanjinaiah vs Sri.Venkateshappa on 25 February, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:8349
CRL.A No. 1784 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1784 OF 2022
BETWEEN:
SRI RAMANJINAIAH
S/O PILLA HANUMANTHAPPA
AGED ABOUT 50 YEARS
R/AT No. KONDEHALLI VILLAGE
NANDI HOBLI
CHIKKABALLAPUR TALUK AND DISTRICT.
...APPELLANT
(BY SRI MANJUNATH M.R, ADVOCATE)
AND:
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH SRI VENKATESHAPPA
COURT OF
KARNATAKA S/O DODDA PILLAPPA
AGED ABOUT 41 YEARS
R/AT No. KONDEHALLI VILLAGE
NANDI HOBLI
CHIKKA BALLAPUR TALUK AND DISTRICT
...RESPONDENT
(RESPONDENT IS SERVED AND UNREPRESENTED)
THIS CRL.A. IS FILED UNDER SECTION 378(4) OF Cr.P.C
S PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY
THE LEARNED II ADDL. CIVIL JUDGE AND JMFC,
CHIKKABALLAPUR IN ITS C.C.No.127/2018 DATED 23.04.2019
AND TO RESTORE THE SAID CASE AND TO DIRECT THE TRIAL
COURT TO PROCEED WITH ACCORDANCE WITH LAW AND SET
ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED III
ADDL. DISTRICT AND SESSION JUDGE, CHIKKABALLAPUR IN
ITS CRL R.P. No.45/2019 DATED 17.08.2020.
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NC: 2025:KHC:8349
CRL.A No. 1784 of 2022
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. This appeal is filed by the complainant praying
to set aside the impugned order dated 23.04.2019 passed
in C.C. No. 127/2018 by the II Additional Civil Judge and
JMFC, Chikkaballapur whereunder case of the complainant
has been dismissed for non-prosecution.
2. Heard learned counsel for appellant. Inspite of
service of notice, respondent remained absent and
unrepresented.
3. The appellant - complainant has initiated
proceedings against the respondent - accused for offence
under Section 138 of Negotiable Instruments Act
(hereinafter for the sake of brevity referred to as the `N.I.
Act') and it was pending in C.C. No. 127/2018 on the file
of II Additional Civil Judge and JMFC, Chikkaballapur. Said
case was posted on 23.04.2019 for taking steps for
issuance of summons to the respondent - accused. On
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that day, noting the absence of complainant, learned
Magistrate has dismissed the case for non-prosecution.
Said order has been challenged by the complainant in this
appeal.
4. Learned counsel for appellant - complainant
would contend that the complainant was unwell and he
was taking treatment in Ayurvedic Hospital in Shidlaghatta
Town of Chikkaballapur District and therefore he could not
appear before the trial Court on the date of impugned
order. Non-appearance of complainant on the date of
impugned order is for bona fide reasons. With this he
prayed to allow the appeal and restore C.C. No. 127/2018.
5. Having heard the learned counsel for appellant
this Court has perused the impugned order and other
materials placed on record.
6. The appellant is the complainant and
respondent is the accused. A case has been registered
against the respondent - accused for offence under Section
138 of N.I. Act in C.C. No. 127/2018 pending on the file of
II Additional Civil Judge and JMFC, Chikkaballapur. Said
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case has been registered on the basis of the complaint
filed by the appellant - complainant for offence under
Section 138 of N.I. Act. Said case was listed on
23.04.2019 for taking steps for issuance of summons to
the respondent - accused. On that day, the complainant
was absent and steps were not taken. Noting the same,
learned Magistrate has dismissed the case for non-
prosecution. The appellant has stated in ground No. 3 of
the appeal memo that appellant was unwell and he was
taking treatment at an Ayurvedic Hospital in Shidlaghatta
town of Chikkaballapur District and therefore, he could not
appear before the trial Court on 23.04.2019 for taking
steps. Absence of the complainant on the date of passing
of the impugned order is for bona fide reasons.
7. In the instant case cheque dishonoured has
been drawn for a sum of Rs.1,00,000/-. Considering the
said aspect, the appellant has made out grounds for
setting aside the impugned order and restoration of
criminal case.
8. In the result, the following;
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ORDER
i. Appeal is allowed.
ii. The impugned order dated 23.04.2019 passed in
C.C. No. 127/2018 by the II Additional Civil
Judge and JMFC, Chikkaballapur is set aside.
iii. C.C. No. 127/2018 is ordered to be restored.
iv. The appellant - complainant is directed to appear
before the trial Court on 28.03.2025 without
anticipating any Court notice.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
