Complaint under Section 138 NI Act was dismissed for non-prosecution after the accused evaded service and summons. The High Court allowed the appeal, holding the complainant had diligently taken steps, set aside the dismissal and restored the complaint with directions to secure the accused's presence.
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.A No. 1766 of 2022 NC: 2024:KHC:11347
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL APPEAL NO.1766 OF 2022
BETWEEN:
M/S T STANES AND COMPANY LTD NO.8/23-24, RACE COURSE ROAD COIMBATORE - 641 108 HAVING ITS BRANCH OFFICE AT NO.59/2, V NANJAPPA ROAD NEW TIMBER YARD LAYOUT BENGALURU - 560 026 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE SRI B N VIJAYA RAGHAVAN MOBILE NO.9380723224 …APPELLANT
(BY SRI. UMESH R S, ADVOCATE)
AND:
Digitally signed by REKHA R Location: High Court of Karnataka
MR RAGHU H S S/O LATE SANNE GOWDA PROP M/S S L B TRADERS PESTICIDES DEALER NANDI COMPLEX HASSAN PERIYAPATTANA ROAD BETTADAPURA - 571 102 PERIYAPATTANA TALUK MYSURU DISTRICT AND ALSO AT MR RAGHU H S S/O LATE SANNE GOWDA HALIYUR CHAPPARADAHALLI POST HARASANAHALLI POST, PERIYAPATTANA TALUK MYSORE DISTRICT, MOBILE NO.9449927677 …RESPONDENT (RESPONDENT - SERVED)
CRL.A No. 1766 of 2022 NC: 2024:KHC:11347
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE ORDER DATED 15.12.2021 PASSED BY THE COURT OF THE XXIV AND ASCJ AND XXII A.C.M.M., AT BENGALURU IN C.C.NO.5261/2018 AND RESTORE THE SAME ON FILE; AND b) GRANT SUCH OTHER RELIEF/S AS DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Being aggrieved by the dismissal of the complaint filed by him under Section 200 Cr.P.C against the respondent/accused for the offence punishable under Section 138 of Negotiable Instrument (for short "N.I. Act"), appellant who is complainant has filed this appeal under Section 378(4) of Cr.P.C.
"Funds insufficient". After issuing legal notice and on failure of accused to pay the amount due under cheque, complaint is filed. However, despite taking steps on several dates, his presence could not be secured and accused successfully evaded service of summons. On 15.12.2021, the trial Court has dismissed the complaint on the ground that accused has not diligently prosecuted the complaint. Complainant is having a good case on merit. The complainant shall be provided with one more opportunity to secure the presence of accused and hence, the appeal.
respondent/accused has failed to appear and contest the matter.
5. Heard and perused the record.
6. Thus, complainant prosecuted the accused on
the allegations that the cheque issued by him towards payment of Rs.2,18,654/- towards purchase of goods on credit basis came to dishonoured for want of sufficient
CRL.A No. 1766 of 2022 NC: 2024:KHC:11347
funds and despite due service of legal notice, accused failed to repay the same. However, the trial Court dismissed the complaint on 15.12.2021, on the ground that complainant has failed to secure the presence of accused despite providing sufficient opportunity.
07.07.2021, the complainant has taken steps against the accused. On 07.07.2021, the trial Court has noted that the summons sent to accused is served on his family member. Holding the service as sufficient, the trial Court has directed the complainant to take further steps. Thereafter till the complaint was dismissed, complainant has taken steps against accused for issue of NBW. However, the same are returned unexecuted. Ultimately, the trial Court has dismissed the complaint for default.
CRL.A No. 1766 of 2022 NC: 2024:KHC:11347
circumstances, this Court is of the considered opinion that
a reasonable opportunity be given to the complainant to secure the presence of accused and prosecute the case. No prejudice would be accused as he would get an opportunity to defend himself and accordingly, the
following:
ORDER
CRL.A No. 1766 of 2022 NC: 2024:KHC:11347
In view of disposal of appeal, all pending applications are also disposed of, as no further orders
is required.
Sd/JUDGE
RR List No.: 1 Sl No.: 47
1 issue framed by the court
Whether the trial court's dismissal of the cheque dishonour complaint for non-prosecution should be set aside and the complainant given another opportunity to secure the accused's presence?
3 provisions across 2 enactments
M/S T Stanes and Company Ltd
MR Raghu H S
J.M.Khazi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
