Karnataka High Court
Hdfc Bank Limited vs Manjushree Tractors on 27 February, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2025:KHC:8567
CRL.A No. 1634 of 2023
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. 1634 OF 2023
BETWEEN:
HDFC BANK LIMITED
HAVING ITS REGISTERED OFFICE AT
HDFC BANK HOUSE, SENAPATI
BAPAT MARG, LOWER PAREL (WEST)
MUMBAI - 400 013.
BRANCH OFFICE AT GOLDEN TOWERS
3RD FLOOR, OLD AIRPORT ROAD
KODIHALLI
BANGALORE - 560 017.
REPRESENTED BY ITS MANAGER AND
AUTHORIZED REPRESENTATIVE
SRI SREENIDHI S N
...APPELLANT
(BY SRI SURESH V, ADVOCATE)
AND:
Digitally signed by
LAKSHMINARAYANA 1. MANJUSHREE TRACTORS
MURTHY RAJASHRI
REPRESENTED BY ITS PARTNERS
Location: HIGH
COURT OF SRI MURALI A AND SMT. GAYATHRI A
KARNATAKA No. 43, HERURU - BLA - 3, HERURU - 3
GANGAVATHI
KOPPAL - 583 227.
ALSO AT
MANJUSHREE TRACTORS
REPRESENTED BY ITS PARTNERS
SRI MURALI A AND SMT. GAYATHRI A
DOOR No. 3-9-2010, R G ROAD
VIDYANAGAR, GANGAVATHI - 583 227.
-2-
NC: 2025:KHC:8567
CRL.A No. 1634 of 2023
2. SRI MURALI A
PARTNERS OF MANJUSHREE TRACTORS
No. 43, HERURU - BLA -3, HERURU-3
GANGAVATHI
KOPPAL - 583 227.
ALSO AT
2. SRI MURALI A
PARTNER OF MANJUSHREE TRACTORS
DOOR No. 3-9-210, R G ROAD
VIDYANAGAR, GANGAVATHI - 583 227.
...RESPONDENTS
(R1 AND R2 ARE SERVED AND UNPRESENTED)
THIS CRL.A IS FILED UNDER SECTION 378(4) OF Cr.P.C.
PRAYING TO SET ASIDE THE ORDER OF DISMISSAL DATED
27.04.2023 IN C.C.No.26857/2018 ON THE FILE OF XXVI
ADDL.C.M.M., BENGALURU AND ALLOW THIS CRL.A. AND
PERMIT THE APPELLANT TO TAKE NECESSARY STEPS AGAINST
THE RESPONDENT AND ETC.,
THIS APPEAL COMING ON FOR ORDERS 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 27.04.2023 passed in C.C. No.
26857/2018 by the XXVI ACMM, Bengaluru whereunder
the complaint of the appellant - complainant has been
dismissed for default.
NC: 2025:KHC:8567
2. Heard learned counsel for appellant. Inspite of
service of notice respondents remained absent and
unrepresented.
3. Appellant - Bank has initiated proceedings
against the respondents - accused Nos. 1 and 2 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. 26857/2018 on the
file of XXVI ACMM, Bengaluru. Said complaint of the
appellant came to be dismissed for default by order dated
27.04.2023. Said order has been challenged in this appeal
by the complainant.
4. Learned counsel for appellant would contend
that after service of summons the accused remained
absent and Court has issued NBWs. The complainant has
furnished process fee and NBWs have been issued several
times and they have returned un-executed. Learned
counsel further submits that on 27.04.2023 the
complainant and his counsel were present and they prayed
time. Learned Magistrate, noting that no proper steps
NC: 2025:KHC:8567
were taken to execute warrant by providing proper
address of the accused, dismissed the complaint for
default. There was no fault of the complainant as they
have furnished the correct address of the accused. With
this, he prayed to allow the appeal and restore the
criminal case.
5. Having heard learned counsel for the appellant
this Court has perused the impugned order and other
material placed on record.
6. The respondents, on service of summons, have
remained absent. The trial Court has issued NBWs against
the respondents. The appellant - complainant has paid
process fee for issuance of NBWs against the respondents.
NBWs issued against the respondents have returned un-
executed. On the date of impugned order the complainant
and his counsel were present and the learned Magistrate,
noting that proper address of the accused has not been
furnished, dismissed the complaint for default. On perusal
of the order sheet it is seen that the complainant has paid
the process fee from time to time for issuance of NBWs
NC: 2025:KHC:8567
and NBWs issued have been returned un-executed. The
impugned order has been passed dismissing the complaint
on the ground that the complainant has not furnished
proper address of the accused. Notices issued in this
appeal, to the same address of the accused, have been
served on the respondents who were accused before the
trial Court and that itself indicates that the accused
persons are residing in the same address which has been
furnished by the complainant in the trial Court. Therefore,
learned Magistrate has erred in passing the impugned
order. The appellant - complainant has made out grounds
for setting aside the impugned order and restoring the
criminal case.
7. In the result, the following;
ORDER
i. The appeal is allowed.
ii. The impugned order dated 27.04.2023 passed in
C.C.No. 26857/2018 by the XXVI ACMM, Bengaluru
is set aside.
iii. C.C. No. 26857/2018 is ordered to be restored.
NC: 2025:KHC:8567
iv. Appellant is directed to appear before the trial
Court on 28.03.2025 without anticipating any
Court notice.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
