Allowed

Mohammad Rehan Mulla v. Praveen S/O Mohan Savanur

Karnataka HC3 Jul 2024CRL.A/100301/2024

Case brief

AI extract

What is this about?

Criminal Appeal against a Trial Court order dismissing a cheque dishonour complaint for non-prosecution. The High Court set aside the dismissal, noting insufficient diligence by the complainant, and directed the Trial Court to restore the matter for cross-examination of the prosecution witness, with a cost order payable to the Legal Services Authority.

What did the court decide?

Deletion of the impugned order of dismissal; restoration of the case to the stage of cross-examination of PW1 on payment of Rs.2,000 cost.

Mohammad Rehan Mulla Vs Praveen S/O Mohan Savanur — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:9111 CRL.A No. 100301 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH

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CRIMINAL APPEAL NO. 100301 OF 2024 (A-)

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BETWEEN:

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MOHAMMAD REHAN MULLA, AGE: 45 YEARS, OCC: BUSINESS, R/AT: DIDDI ONI, NEAR MAJID, OLD HUBBALLI, HUBBALLI, DIST: DHARWAD - 580 024.

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…APPELLANT

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(BY SRI. GOURI SHANKAR MOT, ADVOCATE)

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AND:

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PRAVEEN S/O. MOHAN SAVANUR, AGE: 32 YRS, OCC: BUSINESS, R/AT: C/O. SAVANUR OIL DISTRIBUTORS, HIREPETH HUBBALLI, KARNATAKA 580 028.

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…RESPONDENT

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CHANDRASHEKAR HIGH LAXMAN COURT OF KATTIMANI KARNATAKA

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THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C., SEEKING TO SET ASIDE ORDER DATED 15.04.2024 PASSED IN CC NO.1580/2023 BY THE JMFC III COURT, AT HUBBALLI FOR OFFENCES PUNISHABLE U/S 138 OF N.I.ACT, 1881 IN DISMISSING THE CASE FOR NON-PROSECUTION AND SUBSEQUENTLY DIRECT THE JMFC-III, COURT, AT HUBBALLI TO DISPOSE OF CASE ON MERITS AFTER GIVING PROPER OPPORTUNITY TO THE APPELLANT.

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

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2 - NC: 2024:KHC-D:9111 CRL.A No. 100301 of 2024

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JUDGMENT

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This appeal is filed by the appellant seeking to set aside the order dated 15.04.2024 passed by the JMFC III Court at Hubli in CC No.1580/2023 wherein the trial Court dismissed the complaint of the complainant for nonprosecution.

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Heard the learned counsel for the appellant.

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Notice to the respondent is dispensed with on

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considering the memo filed by the learned counsel for the appellant as it involves small matter and no prejudice would be caused to the respondent if the matter is restored. Anyhow, opportunity to cross examine PW1 by the accused would be available.

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The complainant filed a complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of N.I. Act on 01.03.2023. Thereafter, the matter has been set down for the evidence of PW1 on 21.08.2023. After that, the matter has been set down for cross of PW1 on 26.08.2023. Thereafter, on 26.08.2023, the

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3 - NC: 2024:KHC-D:9111 CRL.A No. 100301 of 2024

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complainant and his counsel both were absent. On 08.09.2023, complainant and counsel present. However, the cross examination of PW1 was not taken place. Again, on 07.10.2023, complainant’s counsel present. Cross of PW1 was not done. On 16.10.2023, complainant’s counsel present. Complainant was not present. On 08.12.2023, Rs.500/- cost was imposed for the appearance of the complainant. On 05.02.2024, the complainant failed to appear before the trial Court. Matter was adjourned. On 16.03.2024, complainant’s counsel was present. Complainant remained absent. On 15.04.2024, the complainant was not present. The trial Court dismissed the complaint for non-prosecution.

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On perusal of the order sheet, the appellantcomplainant was not diligent in prosecuting the complaint and it is unfortunate that he being a complainant, did not appear even though several opportunities were given to him.

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Having considered the facts of the case, one more opportunity is required to be given to the

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4 - NC: 2024:KHC-D:9111 CRL.A No. 100301 of 2024

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complainant to appear before the trial Court and subjected himself for cross examination. Therefore, it is appropriate to remand the matter by giving one more opportunity. Accordingly I proceed to pass the following order:-

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The appeal is allowed on payment of cost of Rs.2,000/- payable to the Legal Services Authority, High Court of Karnataka, Dharwad Bench, Dharwad.

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The order dated 15.04.2024 passed by the JMFC III Court at Hubli in CC No.1580/2023 is set aside.

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The matter is remitted to the trial Court and the trial Court is directed to restore the matter from the stage of cross examination of PW1.

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It is made it clear that, in case, if the complainant remained absent and not available for cross examination, the liberty is reserved to the trial Court to take appropriate

steps.

Sd/JUDGE

VMB

CT:ANB

Mohammad Rehan Mulla v. Praveen S/O Mohan Savanur

Case brief

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Mohammad Rehan Mulla v. Praveen S/O Mohan Savanur

Case brief

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What did the court decide?

What the court decided

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