Karnataka High Court
Smt. Anusuya P R vs Smt. Smihta P on 4 November, 2025
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NC: 2025:KHC:44528
CRL.A No. 260 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 260 OF 2022 (A)
BETWEEN:
SMT. ANUSUYA P. R.,
D/O LATE RAMASWAMY P. S.,
AGED ABOUT 48 YEARS,
R/AT DOOR NO. 50/2,
APPAJI RAO COMPOUND,
KOTE ROAD,
SHIVAMOGGA - 577202.
...APPELLANT
(BY SRI. SACHIN B. S., ADVOCATE)
AND:
SMT. SMITHA P.
D/O LATE PARAMESHWRAPPA
AGED ABOUT 39 YEARS
Digitally signed by
3RD MAIN, 3RD CROSS,
LAKSHMINARAYAN N
Location: HIGH
JAYANAGARA, SHIVAMOGGA-577202.
COURT OF
KARNATAKA
...RESPONDENT
(V/O DTD: 04.11.2025 - NOTICE TO
RESPONDENT IS DISPENSED.)
THIS CRL.A IS FILED U/S.378(4) CR.P.C PRAYING TO SET
ASIDE THE IMPUGNED ORDER DATED 13.10.2021 IN
PCR.NO.133/2017 (C.C.NO.241/2017) ON THE FILE OF THE
COURT OF THE IV ADDL.CIVIL JUDGE AND J.M.F.C.,
SHIVAMOGGA AND CONSEQUENTLY RESTORE THE COMPLAINT
IN PCR.NO.133/2017 (C.C.NO.241/2017) ON THE FILE OF THE
COURT OF IV ADDL.CIVIL JUDGE AND J.M.F.C, SHIVAMOGGA.
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NC: 2025:KHC:44528
CRL.A No. 260 of 2022
HC-KAR
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
The complaint/appellant has filed a complaint under
Section 138 of NI Act. The case was registered in PCR No.
133/2017. Thereafter, the case was registered in
C.C. No.2241/2017.
2. The trial Court has recorded the plea for the
offences punishable under Section 138 of NI Act and the
same was read over and explained to the accused. Having
understood the same, the accused pleaded not guilty and
claimed to be tried. That on 22.06.2019 the complainant
has filed his affidavit instead of examination-in-chief. On
that day Exhibits P1 to P6 were marked. Then case was
posted for further chief-examination on 02.07.2019. On
that day, accused was absent. Hence NBW was issued to
the accused. Thereafter, case was posted to 24.09.2019.
On that day, again NBW was issued to the accused and
case was posted to 03.12.2019. On 03.02.2019,
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HC-KAR
application was filed under Section 70(2) of Code of
Criminal Procedure to recall the NBW. Same was allowed.
Then case was posted to 20.01.2020. That on 20.01.2020
PW1 and accused were absent. Then case was posted to
18.02.2020. On 18.02.2020, accused and complainant
remained absent. Then case was posted on 26.03.2020.
On 26.03.2020, the case was not called out. On
19.10.2020 case was called out and no representation
made and then case was posted for further evidence of
PW1 on 29.12.2020. Thereafter, the case was adjourned
from time to time till 24.03.2021. On that day, PW1 was
absent and her counsel was present. Accused and their
counsel present and filed an application under Section
70(2) Code of Criminal Procedure and same was allowed.
NBW was recalled. Thereafter, the case was posted for
further examination-in-chief of PW1, finally on
21.04.2021. Thereafter, case was adjourned from time to
time due to COVID-19 pandemic. That on 27.10.2019 the
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HC-KAR
trial Court has passed the impugned order, which reads as
under:
Case called out. PW1 and her counsel are
absent. No representation made. Accused
present. Heard and perused the order sheet. on
perusal of the same it reveals that, matter has
been pending for cross of PW-1 since from
18.08.2021 for 3 dates of hearing. Inspite of
sufficient opportunity neither PW-1 nor her
counsel appeared and not showed any reason for
non appearance of PW-1. Therefore no grounds
to adjourn the matter for another date of
hearing. Hence, case is hereby dismissed for
non-prosecution.
3. Learned counsel for the appellant/complainant
would submit that the complainant was suffering from
illness. Hence, he could not appear before the Court and
same is bonafide and not an intentional one. Since COVID-
19 Pandamic was in force, this Court has issued a SOP.
However, the trial Court has dismissed the case for non-
prosecution, during the period of COVID-19 pandemic,
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HC-KAR
which is not sustainable under law. Hence, I proceed to
pass the following:
ORDER
i) Appeal is allowed.
ii) The impugned order passed by the
IV Addl. Civil Judge and JMFC,
Shivamogga dated 27.10.2021 in C.C
No.2241/2017, is set aside;
iii) C.C No.2241/2017 shall be restored to
file;
iv) The complainant is directed to appear
before the trial Court without seeking any
further notice on 03.12.2025;
v) Thereafter the trial Court shall proceed
with the case in accordance with law.
vi) Registry is directed to send a copy of this
order to the trial Court to take necessary
action.
Sd/-
(G BASAVARAJA)
JUDGE
KBM
