Shri. Somnath S/O. Yallappa Katawe vs Sri. Manjunath Gunjal
2025 Latest Caselaw 8741 Kant

Citation : 2025 Latest Caselaw 8741 Kant
Judgement Date : 23 September, 2025

Karnataka High Court

Shri. Somnath S/O. Yallappa Katawe vs Sri. Manjunath Gunjal on 23 September, 2025

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                   -1-
                                                               NC: 2025:KHC-D:12920
                                                         CRL.A No. 100486 of 2025


                       HC-KAR



                        IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                         DATED THIS THE 23RD DAY OF SEPTEMBER, 2025
                                             BEFORE
                        THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                           CRIMINAL APPEAL NO. 100486 OF 2025 (A)

                       BETWEEN:

                       SHRI. SOMNATH S/O. YALLAPPA KATAWE,
                       AGED ABOUT 64 YEARS, OCC. BUSINESS,
                       R/O. FLAT NO.203, KRISHNA APARTMENT,
                       CLUB ROAD, HUBBALLI, TQ. HUBBALLI,
                       DIST. DHARWAD-580 020.
                                                                         ... APPELLANT
                       (BY SRI. SHAKTIPRASAD AKKI, ADVOCATE)

                       AND:

                       SRI. MANJUNATH GUNJAL,
                       AGED ABOUT 54 YEARS,
                       OCC. PRIVATE SERVICE,
                       C/O. SAMYUKTA KARNATAKA PRESS,
                       H.NO.1-1165-13, 'GOKUL NIVAS',
                       OPP. DR. ARATI SHARMA HOSPITAL,
                       AIWAN-E-SHAHI AREA, GULBARGA.
                                                                       ... RESPONDENT
                       (RESPONDENT SERVED)
RAKESH S
HARIHAR
Digitally signed by
RAKESH S HARIHAR
                             THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
                       CR.P.C. (UNDER SECTION 419(4) OF BNSS), PRAYING TO ALLOW THE
                       CRIMINAL APPEAL AND SET ASIDE THE ORDER OF DISMISSAL OF THE
                       COMPLAINT AND ACQUITTAL RESPONDENT/ACCUSED FOR THE
                       OFFENCES PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE
                       INSTRUMENTS ACT, DATED 20/06/2025 PASSED BY THE LEARNED
                       J.M.F.C., 1ST COURT HUBBALLI IN CRIMINAL CASE NO.7/2022 AND
                       REMAND THE MATTER BACK TO TRIAL COURT FOR DE NOVA TRIAL.

                             THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT
                       IS DELIVERED THEREIN AS UNDER:
                              -2-
                                         NC: 2025:KHC-D:12920
                                    CRL.A No. 100486 of 2025


HC-KAR



                        ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

1. Appellant is before this Court under Section

378(4) of Cr.P.C. with a prayer to set aside the order dated

20.06.2025 passed by the Court of JMFC-I, Hubballi in

C.C.No.7 of 2022 dismissing his complaint for non-

prosecution.

2. Heard learned counsel for the appellant. The

respondent who is served in the matter has remained

unrepresented before this Court.

3. Appellant/complainant had filed PCR

No.210/2021, against the respondent, for offence

punishable under Section 138 of the Negotiable

Instruments Act. The trial Court, after recording the sworn

statement of the complainant, had issued summons to the

respondent/accused. The order sheet of the trial Court

dated 16.08.2023 would reflect that respondent had not

claimed the summons issued to him and therefore the trial

Court had issued non-bailable warrant against the

NC: 2025:KHC-D:12920

HC-KAR

respondent. Thereafter, steps were taken on behalf of the

complainant for issuing non-bailable warrant to the

accused, but the non-bailable warrant could not be

executed. Therefore, the trial Court had re-issued non-

bailable warrant on 18.02.2025 and also on 25.04.2025.

When the matter was called before the trial Court on

20.06.2025 since the complainant and the learned counsel

for the complainant were absent, the complaint was

dismissed for non-prosecution.

4. Perusal of the order sheet would go to show that

complainant was diligently prosecuting his complaint and

the respondent/accused had refused to receive the

summons and therefore non-bailable warrant was issued

against him. Steps were taken on behalf of the complainant

even to re-issue non-bailable warrant, but non-bailable

warrant could not be executed against the respondent.

Therefore, I am of the opinion that trial Court was not

justified in dismissing the complaint for non-prosecution,

vide the order impugned. If the said order is set aside and

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HC-KAR

the complainant is given an opportunity to prosecute his

complaint on merits, no hardship would be caused to the

other side and on the other hand, complainant would be

put to untold hardship if the complaint is not restored to

file. Accordingly the following:

ORDER

i. Criminal Appeal is allowed.

ii. The order dated 20.06.2025 passed by the Court of

JMFC-I, Hubballi in C.C.No.7 of 2022 dismissing the

complaint for non-prosecution is set aside and the

complaint is restored to file.