Petitioner challenges dismissal of cheque bounce complaint filed under Sec. 138 NI Act. Appeal filed under Sec. 482 Cr.P.C seeking restoration. Court allowed appeal and restored complaint to file.
Petition allowed, impugned order quashed, complaint restored, parties directed to appear on 10.10.2022.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.P No. 101064 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 101064 OF 2019 (482-)
BETWEEN:
SRI. BALAPPA S/O BASAPPA LIMBIKAI, AGED ABOUT: 36 YEARS, OCC:AGRICULTURE, R/AT: MUDHOL,DIST: BAGALKOTE.
…PETITIONER
(BY SMT. DEEPA PAVAN DODDATTI., ADVOCATE FOR SRI. MRUTYUNJAY TATA BANGI., ADVOCATE)
AND:
SRI. SATISH S/O KRISHNA MASUTI, AGED ABOUT 45 YEARS, OCC: BUSINESS, R/AT: SBI COLONY, MUDHOL, DIST: BAGALKOTE-587313.
…RESPONDENT
ANNAPURNA CHINNAPPA DANDAGAL
Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.
(BY SMT. GIRISH A. YADAWAD., ADVOCATE)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 379(1) OF CR.P.C, SEEKING TO SET ASIDE ORDER PASSED THE ORDER MADE IN C.C. NO.552/2017 DATED 17.05.2018 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC COURT, MUDHOL AND CONVICT THE RESPONDENT BY ALLOWING THE CRIMINAL PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, COURT MADE THE FOLLOWING:
CRL.P No. 101064 of 2019
ORDER
This petition filed under Section 482 of Cr.P.C, is by the complainant challenging the dismissal of C.C. No.552/2017 for default. Petitioner has sought restoration of complaint and provide opportunity for him to proceed with the matter.
CRL.P No. 101064 of 2019
punishable under Section 138 of Negotiable Instruments Act (for short “N. I. Act”).
CRL.P No. 101064 of 2019
ORDER
i. Petition filed under Section 482 of Cr.P.C, is
allowed.
CRL.P No. 101064 of 2019
ii. Order dated 17.05.2018, passed in C.C. No.552/2017, on the file of Senior Civil Judge and JMFC, Mudhol, dismissing the complaint is quashed.
iii. The complaint is restored to the file.
iv. Both parties are directed to appear before the trial Court on 10.10.2022, without waiting for notice from the trial Court.
v. Both the parties shall be diligent in prosecuting the case and proceed with matter without seeking unnecessary adjournments.
vi. Office is also directed to send back the Trial Court Records immediately.
Sd/JUDGE
PJ
List No.: 1 Sl No.: 14
3 issues framed by the court
Whether the Criminal Appeal filed under Section 379 Cr.P.C regarding dismissal of complaint for default should be allowed
Whether the impugned order dismissing complaint on ground of absence of complainant should be quashed under Section 482 Cr.P.C
Whether restoration of the complaint is permissible as the non-appearance was due to court timing change
Colour shows how this judgement treated each authority
N/AReferred
3 provisions across 2 enactments
SRI. BALAPPA S/O BASAPPA LIMBIKAI
SRI. SATISH S/O KRISHNA MASUTI
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
