Allowed

Sri Premaraja K P v. K B Mallesh

Karnataka HC31 Oct 2023CRL.A/1612/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the criminal appeal filed against the dismissal of a complaint under Section 138 of the Negotiable Instruments Act, 1881. The court set aside the order of the XIV ACMM and remitted the matter to the trial court with directions to dispose of the case, pending furnishing of the process fee by the appellant.

What did the court decide?

The order of the trial court dismissing the complaint for non-prosecution was set aside and the matter remitted to the trial court with a direction to dispose of the case.

Sri Premaraja K P Vs K B Mallesh — Cheque Dishonour | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:38722 CRL.A No. 1612 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE G BASAVARAJA

¶6

CRIMINAL APPEAL NO. 1612 OF 2023

¶7

BETWEEN:

¶8

SRI. PREMARAJA K.P., AGED ABOUT 52 YEARS, R/O NO.57, GOKULANAGARA, 4^TH CROSS, DODDAKALLASANDRA, 2^ND STAGE, KANAKAPURA ROAD, BENGALURU - 560 062.

¶9

…APPELLANT

¶10

(BY SRI. SUMANTH L. BHARADWAJ, ADVOCATE)

¶11

AND:

¶12

Digitally signed by SANDHYA S Location: High Court of Karnataka

¶13

K.B. MALLESH, AGED ABOUT 59 YEARS, KAARIGANA HALLI, KADAGABALA POST, KUNDUR HOBLI, ALUR TALUK, HASSAN DISTRICT – 573 218.

¶14

…RESPONDENT THIS CRL.A. IS FILED U/S 378(4) CR.PC PRAYING TO SET ASIDE ORDER DATED 12.01.2023 PASSED BY THE COURT OF THE HONBLE COURT OF XVI ACMM (ACMM-16) AT BENGALURU IN C.C.NO.20000/2022 AND TO RESTORE THE CASE IN C.C.NO.20000/2022, ON THE FILE OF THE HONBLE COURT OF XVI ACMM (ACMM-16) AT BENGALURU.

¶15

¶16

NC: 2023:KHC:38722 CRL.A No. 1612 of 2023

¶17

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶18

JUDGMENT

¶19

Heard the learned counsel for the appellant.

¶20

This appeal is preferred against the order of

¶21

dismissal of the complaint for non-prosecution dated 12.01.2023. The complainant/appellant has filed complaint under Section 200 Cr.P.C. read with Section 138 of the Negotiable Instruments Act, 1881.

¶22

The Trial Court has taken cognizance on 23.06.2022. Thereafter, the case was being adjourned from time-to-time till 12.01.2023. On 12.01.2023, the Court has passed the following order:

¶23

"Case called out, complainant and accused absent.

¶24

Again case called out, at 5.10 P.M. Complainant called out, absent. No representation for complainant. Perused the records. There are more than 10 dates of hearing running around for more than 1 years for steps and also for service of

¶25

¶26

NC: 2023:KHC:38722 CRL.A No. 1612 of 2023

¶27

summons and execution of NBW and to furnish the process fee. But the complainant continuously remained absent. In spite of sufficient opportunity were given, the complainant continuously remained absent and failed to take steps. In spite of order, process also not paid continuously for several dates of hearing. The complainant is also failed to appear before Lok Adalath for more than 1 times inspite of issuance of notice. No doubt it is true that the case should not be dismissed either for default or for non prosecution. But on the other hand, the case has to be decided on merits and the real controversy between the parties has to be adjudicated finally and effectively. But in this case, the complainant continuously remained absent. This shows that, the complainant is not interested in prosecuting this case. The proceedings of this nature is summary in nature as per Sec.143 of N.I.Act., which is required to be concluded in respect of trial within 6 months from the date of filing the complaint. But complainant continuously remained absent. Hence this court has no option, but to dismiss the complaint for non prosecution. Hence, complaint is dismissed for non prosecution."

¶28

It is submitted by the complainant/appellant's

¶29

counsel that due to unavoidable circumstances, the

¶30

¶31

NC: 2023:KHC:38722 CRL.A No. 1612 of 2023

¶32

complainant has failed to furnish the process fee. Considering the submission and also the grounds urged in the memorandum of appeal, it is just and proper to allow this appeal. Hence, I proceed to pass the following:

¶33

ORDER

¶34

i. The Criminal Appeal is allowed .

¶35

ii. The impugned order passed by the XVI A.C.M.M., Bengaluru dated 12.01.2023 in C.C.No.20000/2022, is hereby set-aside. The matter is remitted back to the trial Court with a direction to dispose of the case, in accordance with law.

¶36

iii. The appellant's counsel is directed to furnish the process fee, without fail.

¶37

iv. The complainant is directed to appear before the trial Court on 22.11.2023 without seeking notice from the trial Court.

¶38

Sd/JUDGE

¶39

KA List No.: 1 Sl No.: 13

Sri Premaraja K P v. K B Mallesh

Case brief

What is this about?

What did the court decide?

Sri Premaraja K P v. K B Mallesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri. N.S. Doreswamy Vs Smt. N. Anusuyadevi

Khagendra Nath Ghosh Vs Shanmugam

J R Anantharaman Vs Mohammed Illiyas Ahamed

Maco Co. Op Society Vs M/S Rao & Brothers

K B Manjunatha Vs State by Alduru Police

Sri Kumaraswamy U P Vs K B Mallesh