Allowed¶22

Smt Girija W/O Veerappa Savadatti v. Manjunath S/O Shivanand Andani Swami Math

Karnataka HC23 Jan 2025CRL.A/100029/2025

Case brief

AI extract

What is this about?

Section 138 Negotiable Instruments Act; Section 200 Cr.P.C.; private complaint dismissed for non-prosecution; affidavit in support of sworn statement; restoration of complaint; S.378(4) Cr.P.C.; S.419(4) BNSS; CRL.A No. 100029 of 2025; P.C.R. No.576/2024; I Addl. Civil Judge and JMFC Dharwad; High Court of Karnataka Dharwad Bench; Hemant Chandangoudar; 23-01-2025.

What did the court decide?

Impugned order dated 28.11.2024 in PCR No.576/2024 set aside; complaint restored to the file of the I Additional Civil Judge and JMFC, Dharwad; with the direction that if the appellant fails to file a sworn statement on the date of summons, the trial court shall pass an appropriate order in accordance with the law. ¶22

Smt Girija W/O Veerappa Savadatti Vs Manjunath S/O… — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 28.11.2024 dismissing P.C.R. No.576/2024 (private complaint under S.138 N.I. Act) for non-prosecution should be set aside and the complaint restored. +1 more

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Court's answer

If the appellant fails to file a sworn statement on the date of summons, the trial court shall pass an appropriate order in accordance with the law.

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Ratio / Principle

Although the appellant was not diligent in filing the sworn statement, the court deemed it appropriate to allow the appeal, as no prejudice would be caused to the respondent by allowing it.

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Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (Justice Hemant Chandangoudar, sole judge), oral judgment dated 23.01.2025 in CRL.A No. 100029 of 2025 (A), filed under S.378(4) Cr.P.C. / S.419(4) BNSS by Smt. Girija W/o Veerappa Savadatti against Manjunath S/o Shivanand Andani Swami Math. The appellant's private complaint (P.C.R. No.576/2024, filed under S.200 Cr.P.C.) for an offence under S.138 N.I. Act had been dismissed on 28.11.2024 by the I Addl. Civil Judge and JMFC, Dharwad for non-prosecution, after she repeatedly failed to file an affidavit in support of the sworn statement despite cognizance having been taken and summons issued. Holding: although the appellant was not diligent in filing the sworn statement, the appeal was allowed as no prejudice would be caused to the respondent; the dismissal was set aside and the complaint restored, with a clear direction that if the appellant again fails to file the sworn statement on the date of summons, the trial court shall pass an appropriate order in accordance with the law.

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NC: 2025:KHC-D:1243 CRL.A No. 100029 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23^RD DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100029 OF 2025 (A)

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BETWEEN:

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SMT. GIRIJA W/O VEERAPPA SAVADATTI, AGE: 62 YEARS, OCC: RETIRED ANGANAWADI WORKER, R/O: KULBUSHAN NAGAR GARAG, TQ: AND DIST: DHARWAD-580 001. (BY SRI. R.H. ANGADI, ADVOCATE)

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… APPELLANT

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AND:

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MANJUNATH S/O SHIVANAND ANDANI SWAMI MATH, AGE: 41 YEARS, OCC: PRIVATE WORK, R/O: JANATHA PLOT, BEHIND GRAM PANCHAYAT, GARAG, DIST: DHARWAD-580 001.

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… RESPONDENT

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:16:03 +0530

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THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C. (419 (4) OF BNSS), PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 28.11.2024, IN P.C.R. NO.576/2024, BY THE COURT OF THE IST ADDL.CIVIL JUDGE AND JMFC, DHARWAD AND CONSEQUENTLY AN ORDER RESTORATION OF P.C.R. NO.576/2024, ON THE FILE OF THE IST ADDL. CIVIL JUDGE AND JMFC, DHARWAD, FOR AN OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, BY ALLOWING THIS APPEAL, TO MEET THE ENDS OF JUSTICE.

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THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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NC: 2025:KHC-D:1243 CRL.A No. 100029 of 2025

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ORAL JUDGMENT

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The appellant filed a private complaint under Section 200 of the Code of Criminal Procedure (for short, ‘Cr.P.C.’) for offences punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘N.I. Act’). The trial court, after recording the sworn statement, took cognizance and issued a summons.

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Despite being granted several opportunities, the appellant failed to file an affidavit in support of the sworn statement. Consequently, the trial court was left with no option but to dismiss the complaint for non-prosecution.

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While it is evident that the appellant was not diligent in filing the sworn statement, considering that no prejudice will be caused to the respondent if the appeal is allowed, and in view of the fact that the appellant would suffer monetary loss if they succeed before the trial court, I deem it appropriate to allow the appeal.

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ORDER

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i) The appeal is allowed.

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ii) The impugned order dated 28.11.2024 in PCR No.576/2024 pending on the file of the I Additional Civil Judge and JMFC. Dharwad, is set aside.

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iii) The complaint is restored to its file.

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3 - NC: 2025:KHC-D:1243 CRL.A No. 100029 of 2025

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iv) It is made clear that if the appellant fails to file a sworn statement on the date of summons, the trial court shall pass an appropriate order in accordance with the law.

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Sd/- (HEMANT CHANDANGOUDAR) JUDGE

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AC CT:BCK LIST NO.: 2 SL NO.: 8

Smt Girija W/O Veerappa Savadatti v. Manjunath S/O Shivanand Andani Swami Math

Case brief

What is this about?

What did the court decide?

Smt Girija W/O Veerappa Savadatti v. Manjunath S/O Shivanand Andani Swami Math

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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