A complainant's cheque-dishonour complaint under the NI Act was dismissed for default by the trial court when she and her counsel missed one step date. On appeal under Section 378(4) Cr.P.C, the High Court found the dismissal unwarranted, restored the complaint, and directed both parties to appear before the trial court.
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. 650 of 2022 NC: 2024:KHC:12305
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.650 OF 2022
BETWEEN:
MRS. MEERA GOPALAKRISHNAN D/O LATE M S VENKATARAM AGED ABOUT 63 YEARS, R/AT B 220, MAHAVEER MARVEL APARTMENTS KODICHIKKANAHALLI MAIN ROAD BENGALURU - 560 076
…APPELLANT
(BY SRI. N GOWTHAM RAGHUNATH, ADVOCATE)
AND:
Digitally signed by 2. MR. ARVIND O REKHA R S/O MR. OBALA REDDY Location: High AGED MAJOR Court of C/O COR DEVELOPERS Karnataka # 13, SAMRAT LAYOUT 1ST CROSS, AREKERE, BANNERGHATTA ROAD, BENGALURU - 560 076 ALTERNATE ADDRESS: # 45, 4TH FLOOR, 32ND C CROSS, (ABOVE VASAN INSTITUTE OF OPTHALMOLOGY AND RESEARCH) 4TH BLOCK, JAYANAGAR, BENGALURU - 560 011 ……RESPONDENTS
CRL.A No. 650 of 2022 NC: 2024:KHC:12305
(BY SRI. NATARAJ BABA K, ADVOCATE)
THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C PRAYING TO a) SET ASIDE THE ORDER DATED 03.10.2019 IN C.C.NO.31264/2018 PASSED BY THE 13TH ACMM, BENGALURU (ANNEXURE-A); b) REMAND AND RESTORE THE MATTER IN C.C.NO.31264/2018 BEFORE THE 13TH ACMM, BENGALURU FOR PROPER ADJUDICATION (ANNEXURE-A); c) GRANT ANY SUCH OTHER RELIEF/S THIS HON'BLE COURT DEEMS FIT IN THE INTEREST 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 her under Section 200 Cr.P.C against the respondents/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.
CRL.A No. 650 of 2022 NC: 2024:KHC:12305
in all paid Rs.40,50,000/-. However, he failed to complete
the construction. As per the oral contract, if the construction was not completed on time, accused No.2 had agreed to pay penalty of Rs.10,00,000/-. After repeated request and demand, accused No.2 issued cheque dated 18.06.2018 for Rs.10,00,000/- with an assurance of prompt payment. However, when presented for encashment, it was dishounoured as "Funds insufficient". After issuing legal notice and on failure of accused to pay the amount due under the cheque, complaint is filed.
CRL.A No. 650 of 2022 NC: 2024:KHC:12305
intentional. She is having a good case on merit and hence,
the appeal.
the allegations that when accused failed to complete the construction of the house within the stipulated time, as per the oral agreement between them, accused No.2 issued cheque for Rs.10,00,000/- and when presented for encashment, it was dishonoured for want of sufficient funds. When accused failed to pay the amount due despite service of legal notice, complaint is filed.
the summons was issued both through RPAD and through Court. The order sheet dated 27.04.2019 reveal that
notice sent through RPAD is served whereas the one sent through Court is returned with endorsement "left". Thereafter the case is posted to 03.10.2019 for steps. On that day, the trial Court has dismissed the complaint on the ground that both complainant and her counsel are absent and steps are not taken.
CRL.A No. 650 of 2022 NC: 2024:KHC:12305
ORDER
Sd/JUDGE
RR
List No.: 1 Sl No.: 38
1 issue framed by the court
Should a complaint dismissed for default after one missed step date be restored for adjudication on merits?
3 provisions across 2 enactments
Mrs. Meera Gopalakrishnan
Vasantha Fuel Station HPCL Dealer
Mr. Arvind O
J.M.Khazi
As recorded by the court registry
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