Karnataka High Court
Shivannagowda S N vs Sri Vairmudi on 16 September, 2025
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NC: 2025:KHC:36799
CRL.A No. 1394 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 1394 OF 2025 (A)
BETWEEN:
SHIVANNAGOWDA S N
S/O NINGAIAH
AGED ABOUT 34 YEARS
R/AT SINGONAHALLI VILLAGE
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT 572 123
...APPELLANT
Digitally signed by
SREEDHARAN
BANGALORE SUSHMA (BY SRI. JAYALAKSHMAMMA K.B., ADVOCATE)
LAKSHMI
Location: High Court of
Karnataka
AND:
SRI VAIRMUDI
S/O DODDADESAPPA
AGED ABOUT 57 YEARS
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NC: 2025:KHC:36799
CRL.A No. 1394 of 2025
HC-KAR
R/AT SINGONAHALLI VILLAGE
HULIYURDURGA HOBLI
KUNIGAL TALUK
TUMAKURU DISTRICT 572 123
...RESPONDENT
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER
DATED 07.05.2025 PASSED BY THE ADDL. CIVIL JUDGE
AND JMFC KUNIGAL IN C.C.NO.959/2024 AND RESTORE
THE SAME TO PROCEED THE CASE.
THIS APPEAL, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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CRL.A No. 1394 of 2025
HC-KAR
ORAL JUDGMENT
1. This appeal is filed by the appellant/complainant
seeking to set aside the order dated 07.05.2025 passed in
C.C.No.959/2024 by the learned Addl. Civil Judge & JMFC,
Kunigal.
2. The appellant filed a private complaint before the
Trial Court against the respondent/accused for the offence
under Section 138 of Negotiable Instruments Act (for short 'N.I
Act') in the year 2023. On 21.06.2024, the sworn statement of
the appellant was recorded, documents were marked as Exs.P.1
to 5, summons was ordered against the accused and the
matter was adjourned to 09.08.2024. On 09.08.2024, process
fee was paid and the notice was ordered for the accused
through RPAD and the matter was adjourned to 10.10.2024. On
10.10.2024, again notice was ordered without verifying the
status of the RPAD and the same was not noted in the order
sheet. Due to oversight, again the appellant had paid P.F. The
matter was posted on 13.12.2024. On 13.12.2024, the matter
was adjourned to 17.02.2025. On 17.02.2025, the notice was
ordered through RPAD and adjourned to 07.05.2025. Due to
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oversight, P.F., was not paid. On 07.05.2025, the case was
called out and without giving opportunity to the appellant, the
case was dismissed for default. Being aggrieved by the order of
dismissal, the appellant preferred this appeal before this Court.
3. On perusal of the order sheet and also the facts and
circumstances of the case, it is appropriate to grant one more
opportunity to the appellant/complainant to appear before the
Trial Court by imposing payment of costs.
4. Accordingly, I proceed to pass the following:
ORDER
i. The Appeal is allowed.
ii. The order dated 07.05.2025 passed in
C.C.No.959/2024 by the learned Addl. Civil
Judge & JMFC, Kunigal is set aside.
iii. The matter is remitted to the Trial Court
directing the Trial Court to continue in the stage
on which the case was disposed of.
iv. The Trial Court is directed to restore the criminal
case and issue Court notice to the
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respondent/accused and proceed with the
matter.
v. The appellant shall deposit Rs.5,000/- to the
Trial Court as costs within a period of four weeks
from today.
vi. The Registry is directed to send the records
forthwith to the Trial Court along with a copy of
this judgment.
Sd/-
(S RACHAIAH)
JUDGE
JS/-
