Complainant appealed against dismissal for default of his Section 138 NI Act cheque complaint after repeated absence. Neither side appeared in the High Court appeal despite final listing as last chance. The Court found the complainant uninterested in prosecution and dismissed the appeal.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 123 OF 2013 (A)
BETWEEN:
Digitally signed by NANDINI B G Location: high court of karnataka
RAMANUJAM .K S/O. LATE. KUPPUSWAMY NAIDU AGED ABOUT 68 YEARS RESIDING AT NO.565 B EAST COAST ROAD SINGAPORE - 429 080. REPRESENTED BY G.P.A. HOLDER SHASHIDHAR B.N. AGED ABOUT 32 YEARS RESIDING AT NO.49, 12TH CROSS 19TH MAIN, G.E.F. POST GAJENDRANAGAR MUNESHWARA BLOCK BANGALORE - 560 026
…APPELLANT
(BY SRI. RAJAMANI, ADVOCATE (AB))
AND:
SRINIVAS BHAGIL DHAYA HOTEL AJANTHA BEHIND TRINITY CIRCLE BANGALORE - 560 001
…RESPONDENT
(BY SRI. A.N. RADHAKRISHNA, ADVOCATE (AB))
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 19.07.2012 PASSED BY THE XIV A.C.M.M., MAYO HALL UNIT, BANGALORE IN C.C.NO.26897/2011 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I.
THIS CRIMINAL APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL JUDGMENT
The appellant being the complainant in CC No.26897 of 2011 on the file of the learned XVI Additional Chief Metropolitan Magistrate, Bengaluru, is impugning the order dated 19.07.2012 dismissing the complaint for default i.e., for non prosecution.
filed PCR No.710 of 2011 before the Trial Court against the accused alleging commission of offence punishable under Section 138 of NI Act. It is the contention of the complainant that the accused was very well known to him and had availed loan of Rs.21,00,000/- during April, 2010. Towards discharge of the said loan amount, the accused had issued two cheques bearing No.058069 dated 24.03.2011 for Rs.10,00,000/- and cheque bearing No.058070 dated 23.03.2011 for Rs.11,00,000/-. When the cheques were presented for encashment, the same were dishonored as there was insufficient funds in the account of the accused. Legal notice was issued calling upon the accused to repay the cheque
amount. In spite of service of notice, accused has not repaid the amount, thereby committed the offence punishable under Section 138 of NI Act. Therefore, the complainant through his GPA holder presented the complaint and requested the Trial Court to take cognizance of the offence and to initiate legal action.
NC: 2024:KHC:48934 CRL.A No. 123 of 2013
that would arise for my consideration is:
"Whether the appellant has made out any grounds to set aside the order passed by the Trial Court dismissing the complaint for non prosecution?"
My answer to the above point is in the 'Negative' for the following:
REASONS
NC: 2024:KHC:48934 CRL.A No. 123 of 2013
Trial Court found that the complainant is not interested in prosecuting the complaint and dismissed the same for default.
"Learned counsel for the appellant is absent. No representation.
The appeal is of the year 2013. I do not find any reason to adjourn the matter. However, to afford one more opportunity, finally, list this matter on 28.11.2024."
the appeal. Accordingly, I answer the above point in the Negative and proceed to pass the following:
ORDER
The Criminal Appeal is dismissed.
Sd/(M G UMA) JUDGE
*bgn/CT:VS: List No.: 2 Sl No.: 56
1 issue framed by the court
Whether the appellant-complainant made out grounds to set aside the Trial Court's order dismissing the Section 138 NI Act complaint for non-prosecution?
2 provisions across 2 enactments
Ramanujam .K
Srinivas Bhagil Dhaya Hotel Ajantha
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
