Smt Shantala Alias Nagalakshmi P C vs Smt Rathnamma
2025 Latest Caselaw 9047 Kant

Citation : 2025 Latest Caselaw 9047 Kant
Judgement Date : 10 October, 2025

Karnataka High Court

Smt Shantala Alias Nagalakshmi P C vs Smt Rathnamma on 10 October, 2025

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                                                             NC: 2025:KHC:40096
                                                           CRL.A No. 63 of 2025


                      HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 10TH DAY OF OCTOBER, 2025

                                              BEFORE

                               THE HON'BLE MR. JUSTICE RAJESH RAI K

                                 CRIMINAL APPEAL NO. 63 OF 2025

                      BETWEEN:

                          SMT SHANTALA @ NAGALAKSHMI P.C
                          AGED ABOUT 49 YEARS,
                          W/O LATE SHIVARAMU.B.S,
                          R/AT 4TH CROSS, VADDARA COLONY,
                          MALAVALLI TOWN, MALAVALLI,
                          MANDYA DISTRICT-571 430.
                                                                   ...APPELLANT
                      (BY SRI. SHIVANANDA R, ADVOCATE)

                      AND:

                          SMT RATHNAMMA
                          AGED ABOUT 67 YEARS,
                          W/O JAYARAMACHANDRA,
Digitally signed by       R/AT HOUSE NO.8,
PANKAJA S
Location: HIGH            NEAR CHAITRA HIGH SCHOOL,
COURT OF                  SHIVAPURA, H.D.KOTE,
KARNATAKA
                          MANANDAVADI ROAD,
                          MYSURU DISTRICT-571 114.
                                                                 ...RESPONDENT
                      (BY SRI. MANU VENKATA REDDY V, ADVOCATE)

                           THIS CRL.A IS FILED U/S 378(4) OF CR.P.C. PRAYING TO
                      SET ASIDE THE ORDER PASSED BY THE LEARNED I ADDL.
                      CIVIL JUDGE AND JMFC AT MALAVALLI IN CC.NO.1287/2022
                      DTD 25.07.2024 AND MAYBE PLEASED TO RESTORE THE
                      CC.NO.1287/2022 ON ITS FINE BY ALLOWING THIS APPEAL.

                          THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
                      JUDGMENT WAS DELIVERED THEREIN AS UNDER:
                                    -2-
                                                   NC: 2025:KHC:40096
                                               CRL.A No. 63 of 2025


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CORAM:       HON'BLE MR. JUSTICE RAJESH RAI K

                            ORAL JUDGMENT

This appeal is directed against the order dated

25.07.2024 in C.C.No.1287/2022 passed by the I Addl. Civil

Judge and JMFC, Malavalli (hereinafter referred to as 'the Trial

Court' for short) whereby the Trial Court dismissed the

complaint filed by the appellant/complainant for non

prosecution.

2. The abridged facts of the case are that, the

appellant/complainant filed a private complaint under Section

200 of Cr.P.C against the respondent/accused for the offence

punishable under Section 138 of the Negotiable Instruments

Act, 1881 (hereinafter referred to as 'the N.I. Act' for short) for

dishonor of the cheque issued by the accused. After filing of the

complaint, the complainant and her counsel remained absent

before the Trial Court on several occasions. Finally, when the

case was posted for cross-examination of the complainant,

complainant and her counsel remained absent. As such, the

Trial Court dismissed the complaint for non prosecution

observing that the complainant is not willing to proceed with

NC: 2025:KHC:40096

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the case. Against the said dismissal, the complainant

approached this Court by filing the present appeal.

3. I have heard the learned counsel Sri Shivananda R.,

for the appellant and learned counsel Sri Manu Venkata Reddy

V., for the respondent/accused.

4. It is the primary contention of the learned counsel

for the appellant that the absence of the complainant and her

counsel before the Trial Court is neither intentional nor

deliberate but only bonafide one. On two hearing dates, due to

personal inconvenience of the learned counsel for the

complainant, the complainant and her counsel remained absent

and he submit that if an opportunity is extended to the

complainant, she will appear along with her counsel before the

Trial Court without fail.

5. The said submission is opposed by the learned

counsel for the respondent and he vehemently contended that

the complainant has not explained any acceptable reason to

recall the order and she intentionally remained absent before

the Trial Court. To buttress his arguments he relied the

judgment of Rajasthan High Court in the case of K.K.

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Construction vs. Shri Bhagwan Singh Poswal and Others

reported in 2024 (2) RLW 1461.

6. Having heard the learned counsel for the parties

and on perusal of the order passed by the Trial Court, it could

be gathered from records that on three occasions, the

complainant and her counsel were remained absent before the

Trial court. Though the matter was referred to Lok-Adalat by

the Trial Court, the complainant and her counsel also remained

absent. As such, the Trial Court has opined that the

complainant is not interested to prosecute the complaint.

7. Though the grounds urged in this appeal to

set-aside the order is not convincing, since the question

involved in the complaint is of financial transaction, hence an

opportunity deserves to be extended to the complainant to

prosecute the complaint filed by her by imposing reasonable

costs in the interest of justice. Accordingly, I proceed to pass

the following:

ORDER

i. The Criminal Appeal is allowed.


                                                        NC: 2025:KHC:40096



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       ii.    The        order    dated        25.07.2024           in

C.C.No.1287/2022 passed by the I Addl.

Civil Judge and JMFC, Malavalli is set-aside. The complaint is restored to its original file.

iii. The parties shall appear before the Trial Court on 05.11.2025 without expecting any further notice.



       iv.    The       appellant/complainant      shall     pay    a
              costs         of    Rs.3,000/-            to         the
              respondent/accused          on      the    date       of