Karnataka High Court
Sri N Chikkabyraiah vs Sri Ningegowda on 27 February, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC:8611
CRL.A No. 1128 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1128 OF 2024
BETWEEN:
SRI N CHIKKABYRAIAH
AGED ABOUT 68 YEARS
S/O LATE NARASIMHAIAH
RESIDING AT No. 31/60
GORAVANAHALLI MAHALAKSHMI NILAYA
3RD CROSS, JAI MARUTHINAGARA
NANDINI LAYOUT
BANGALORE - 560 096.
...APPELLANT
Digitally signed by
LAKSHMINARAYANA (BY SRI C R RAJA GOPAL, ADVOCATE)
MURTHY RAJASHRI
Location: HIGH AND:
COURT OF
KARNATAKA
SRI NINGEGOWDA
AGED ABOUT 51 YEARS
R/AT No. 69
NEAR MANASA SCHOOL
6TH B CROSS, PREETHINAGARA
LAGGERE, BENGALURU - 560 058.
...RESPONDENT
(BY SRI RAJANNA N, ADVOCATE)
THIS CRL.A IS FILED UNDER SECTION 378(4) Cr.P.C
PRAYING TO SET ASIDE THE ORDER DATED 22.12.2023 IN
C.C.No.2218/2018 ON THE FILE OF THE IV ASCJ AND A.C.M.M
AT BENGALURU AT ANNEXURE-A AND RESTORE
C.C.No.2218/2018 TO FILE FOR BEING HEARD AND DISPOSED
ON MERITS AND IN ACCORDANCE WITH LAW AND ETC.,
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NC: 2025:KHC:8611
CRL.A No. 1128 of 2024
THIS APPEAL COMING ON FOR HEARING 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 order dated 22.12.2023 passed in C.C. No.
2218/2018 by the IV ASCJ and ACMM, Bengaluru and to
restore the said Criminal case.
2. Heard learned counsel for appellant and learned
counsel for respondent.
3. 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. 2218/2018 on the file
of IV ASCJ and ACMM, Bengaluru. Said case came to be
dismissed for non-prosecution by order dated 22.12.2023.
Said order has been challenged by the complainant in this
appeal.
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4. Learned counsel for appellant would contend
that the complainant is a senior citizen and he was unwell
and therefore, he could not keep himself present for taking
steps on the date of the impugned order. He further
submits that he has produced the medical documents in
support of his contention in this appeal. He further submits
that absence of the complainant on the date of impugned
order is for bonafide reason. With this, he prayed to allow
the appeal and restore the criminal case.
5. Learned counsel for respondent would contend
that the complainant has also filed 3 other cases and they
are pending before the trial Court. He further submits that
no grounds are made out for setting aside the impugned
order. Appellant has not produced any document in
support of his contention that he was unwell and therefore
he has not appeared before the trial Court on the date of
impugned order. With this, he prayed for dismissal of the
appeal.
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6. Having heard the learned counsel for the
parties, this Court has perused the impugned order and
other material placed on record.
7. Case was listed on 22.12.2023 for taking steps
for service of summons to the respondent - accused. On
that day, the complainant remained absent and noting his
absence learned Magistrate has dismissed the complaint
for non-prosecution. Earlier the case was listed on
03.01.2023 and on that day the complainant has taken
steps for issuance of summons by RPAD. Thereafter on 4
dates the complainant was absent and noting his absence
complaint has been dismissed for non-prosecution. The
appellant - complainant has stated that he is a senior
citizen and he was unwell and therefore, he could not
appear before the trial Court on the date of the impugned
order. Along with the appeal memo medical documents are
produced which indicate that the appellant is a senior
citizen suffering from various health issues. Absence of the
complainant on the date of impugned order is for bonafide
reason, more so, cheque involved in the case is drawn for
NC: 2025:KHC:8611
Rs.2.00 lakhs. Considering the said aspect the appellant
has made out grounds for setting aside the impugned
order and restoration of the criminal case.
8. In the result, the following;
ORDER
i. The appeal is allowed.
ii. The impugned order dated 22.12.2023 passed in C.C.
No. 2218/2018 by the IV ASCJ and ACMM, Bengaluru,
is set aside.
iii. C.C. No. 2218/2018 is ordered to be restored.
iv. The appellant - complainant and respondent - accused
are directed to appear before the trial Court on
28.03.2025 without anticipating any Court notice.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
