Karnataka High Court
The Managing Director vs Sri Annaray S/O Rachagouda Biradar on 12 March, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2025:KHC-D:4678
CRL.A No. 100255 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO.100255 OF 2023
BETWEEN:
THE MANAGING DIRECTOR,
KRISHNA SAHAKARI SAKKARE
KARKHANE NIYAMI., ATHANI,
REPRESENTED BY ITS AUTHORISED PERSON
BASAPPA S/O. SADASHIV HALIMANI,
AGE ABOUT 43, OCC: SERVICE,
R/O: ATHANI, DIST: BELAGAVI.
...APPELLANT
(BY SMT. SANJANA S. MUDHOL, ADVOCATE APPEARED FOR
SRI SHIVARAJ P. MUDHOL, SRI ANAND BAGEWADI AND
SRI SHIVANAND S. MALASHETTI, ADVOCATES)
AND:
SRI ANNARAY
S/O. RACHAGOUDA BIRADAR,
AGE: 40 YEARS, OCC: AGRICULTURE,
Digitally signed by R/O: KOHALLI, TQ: ATHANI,
ASHPAK KASHIMSA
MALAGALADINNI DIST: BELAGAVI - 590 012.
Location: High Court
of Karnataka,
Dharwad Bench,
...RESPONDENT
Dharwad
(BY SMT. VANAMALA A. MOTE AND
SMT. CHITRA GOUNDALKAR, ADVOCATES)
THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.PC.,
SEEKING TO CALL FOR RECORDS AND TO SET ASIDE THE IMPUGNED
ORDER DATED 30.03.2023 IN CC NO. 792/2015 PASSED BY THE I
ADDITIONAL CIVIL JUDGE AND JMFC COURT ATHANI AND TO
RESTORE THE CC NO. 792/2023 ON THE FILE OF THE I ADDITIONAL
CIVIL JUDGE AND JMFC ATHANI AND TO PERMIT THE APPELLANT TO
BE PRESENT BEFORE THE COURT OF CROSS EXAMINATION THERE
AFTER DECIDE THE CASE ON MERITS BY ALLOWING THIS CRIMINAL
APPEAL IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2025:KHC-D:4678
CRL.A No. 100255 of 2023
THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant -complainant
praying to set aside the order dated 30.03.2023 passed in
C.C.No.792/2015 by the I Additional Civil Judge and JMFC,
Athani and restoration of Criminal Case No.792/2015.
2. The appellant -complainant initiated
proceedings under Section 138 of the Negotiable
Instruments Act, 1881 and it was pending in
C.C.No.792/2015 on file of the I Additional Civil Judge and
JMFC, Athani. In the said case, the respondent -accused
has been convicted by the trial Court by order dated
23.07.2019. The respondent -accused has filed appeal
challenging the said order of conviction in Criminal Appeal
No. 261/2019 before the VII Additional District and
Sessions Judge, Belagavi sitting at Chikkodi. The said
appeal came to be allowed and the matter came to be
remanded back to the trial Court to give one more
NC: 2025:KHC-D:4678
opportunity to cross examine P.W.1. Thereafter, the
Criminal Case was restored. The said Criminal Case listed
for cross examination of P.W.1. On 30.3.2023 noting the
absence of the complainant -P.W.1, the learned Magistrate
invoking powers under Section 256 of Cr.P.C has acquitted
the respondent -accused in view of non appearance of the
complainant. The said order is challenged in this appeal
by the complainant.
3. Heard learned counsel for the appellant.
Learned counsel for the respondent is absent.
4. Learned counsel for the appellant -complainant
would contend that counsel for the complainant is not
intimated the dates of hearing of the case to the
complainant due to bonafide mistake. She further submits
that as absence of the appellant -complainant on the date
of the impugned order is not for malafide reasons but it is
for bonafide reasons. With these, she prayed to allow the
appeal and restoration of the Criminal Case.
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5. Having heard learned counsels, this Court has
perused the impugned order and other materials placed on
record.
6. After the Criminal Case is remanded back to the
trial Court by the Appellate Court, the case has been
restored and it has been listed for cross examination of
P.W.1. P.W.1 remained absent on 07.02.2023, 02.03.2023
and 30.03.2023. On 30.03.2023 noting absence of the
complainant -P.W.1, the learned Magistrate has acquitted
the respondent -accused.
7. The appellant -complainant has put forth
reasons that the appellant -complainant was not intimated
dates of hearing of the case and therefore, the appellant -
complainant would not be present on dates of hearing of
the Criminal Case. The absence of the appellant -
complainant is for bonafide reasons. The appellant has
made out grounds for setting aside the impugned order
and restoration of Criminal Case.
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8. In the result, the following
ORDER
i) The appeal is allowed.
ii) The impugned order dated 30.03.2023 passed
in C.C.No.792/2015 by the I Additional Civil
Judge and JMFC, Athani is set aside. The
Criminal Case No.792/2015 is ordered to be
restored.
iii) The appellant -complainant is directed to
appear before the trial Court on 02.04.2025
without anticipating any Court notice.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP/CT-ASC
