The Court quashed an order dismissing a cheque-bounce case due to non-prosecution without proper notice to the petitioner. The order was set aside, and the case was restored to the Small Cause Court for merits-based disposal.
Order dated 09-12-2021 dismissing CC No.50148/2018 quashed. Case restored to Small Cause Court for merits disposal.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.715 OF 2022
BETWEEN
BADDU HEMALATHA, D/O B.NARAYANA RAO, AGED ABOUT 29 YEARS, R/AT T.B.MUNE GOWDA BUILDING, APPAJAPPA LAYOUT, OPP. SAI MANDIR, SHAMPURA MAIN ROAD, R.T. NAGAR POST, BANGALORE – 560 045.
... PETITIONER
[BY SRI.MOHAMMED TAHIR, ADVOCATE]
AND
REVATHI M., W/O NAGENDRA, AGED ABOUT 34 YEARS, R/AT NO.436, GOVINDRAJ COMPOUND, 5TH ‘A’ CROSS, OPP. TO ASHRAYA PG, TCH COLLEGE ROAD, NAGAWARA, BANGALORE – 560 045.
PRESENTLY R/AT NO.210, A.K. COLONY, KACHARAKANAHALLI,
2
... RESPONDENT
ST.THOMAS TOWN, BENGALURU – 560 084.
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 09.12.2021 PRESENT AT ANNEXURE - D i.e., DISMISSAL ORDER PASSED BY THE HONBLE XVII ADDL.JUDGE, SMALL CAUSE COURT IN C.C.NO.50147/2018 AND CONSEQUENTLY RESTORE THE SAME CASE ON THE FILE OF XVII HONBLE ADDL.SMALL CAUSE COURT JUDGE, AND A.C.M.M., FOR DISPOSING THE CASE ON MERITS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question an order dated 09-12-2021 dismissing CC No.50148/2018 for its non prosecution.
The petitioner and the respondent had a transaction which resulted in a complaint being registered by the complainant invoking Section 138 of Negotiable Instruments
3
Act, by registering a complaint on 27-11-2017. Accused was convicted by an order dated 01-4-2019. Against which, the respondent-accused files an appeal before the learned Sessions Judge in Crl.A.No.25143/2019.
4
complainant, one opportunity was required to be granted to
the petitioner. Therefore, the order requires to be obliterated and the case before the concerned Court to be restored to file.
ORDER
(i) The petition is allowed.
(ii) Order dated 09-12-2021 dismissing CC No.50148/2018 for its non-prosecution is quashed..
(iii) The CC No. 50148/2018 is restored to file to take-up further proceedings in accordance in terms of directions issued by the learned Session Judge in Criminal Appeal No.25143/2019.
(iv) It is made clear that, if the petitioner is again remains absent in future proceedings, learned Magistrate would be at liberty to pass appropriate orders.
Sd/JUDGE
tsn*
2 issues framed by the court
Whether Section 482 CrPC can be invoked to quash an order dismissing a criminal case for non-prosecution due to the petitioner's absence?
Whether the accused has been granted a fair opportunity to be heard before the dismissal order was passed without notice?
1 provisions across 1 enactments
Baddu Hemalatha
Revathi M.
M. Nagarajana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
