Sri Shashank Hardwares Vs Sri Parameshappa

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1 - NC: 2025:KHC-D:12674 CRL.P No. 100734 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100734 OF 2024 (482(CR.PC)/528(BNSS))

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BETWEEN:

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SRI. SHASHANK HARDWARES, REP. ITS PROPRIETOR, MALATESH S/O KOTRABASAPPA, AGE. 41 YEARS, OCC. BUSINESS AND AGRICULTURE, R/O. MURUGARAJENDRANAGAR, BEHIND GOVERNMENT HOSPITAL, HAVERI, TQ. AND DIST. HAVERI.

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… PETITIONER (BY SRI. VINAYA KUPPELUR, ADVOCATE FOR SRI. N.R. KUPPELUR, ADVOCATE)

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AND:

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Digitally signed byRAKESH S RAKESHSHARIHAR HARIHARLocation:HIGHCOURT OF KARNATAKA DHARWAD BENCH

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SRI. PARAMESHAPPA S/O HANUMANTAPPA NADUVINAMANI, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. GUNDAGATTI, TQ. RATTIHALLI, DIST. HAVERI-583 116.

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(SERVICE ON RESPONDENT HELD SUFFICIENT)

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… RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.12.2023, IN C.C. NO.400/2023 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, HAVERI FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF NI ACT AND CONSEQUENTLY TO RESTORE THE C.C. NO.400/2023, IN THE INTEREST OF JUSTICE.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:12674 CRL.P No. 100734 of 2024

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

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The petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to set-aside the order dated 30.12.2023 passed in CC No.400/2023 registered for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the N. I. Act’ for short) by the Court of Principal Senior Civil Judge and CJM, Haveri, dismissing the complaint of the petitioner for non-prosecution.

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Heard the learned counsel for the petitioner. Respondent, who is served in the matter has remained unrepresented before this Court.

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Petitioner herein had initiated proceedings against the respondent for the offence punishable under Section 138 of the N. I. Act, by filing a private complaint in PC No.159/2019 before the Court of Principal Senior Civil Judge and CJM, Haveri. After recording the sworn statement of the complainant, cognizance of

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the alleged offence was taken and summons was issued to the respondent/accused. Since respondent had not appeared before

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NC: 2025:KHC-D:12674 CRL.P No. 100734 of 2024

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HC-KAR

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the Trial Court in spite of service of summons, non-bailable warrant was issued against him. For the reason that petitioner/complainant had not taken necessary steps for re-issuance of non-bailable warrant and there was no representation on behalf of the petitioner on 30.12.2023 when the case was called out before the Trial Court, the complaint was dismissed on the said date by the learned trial Judge for nonprosecution.

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Perusal of the order sheet of the Trial Court would go to show that petitioner was diligently prosecuting his complaint. He also had taken repeated steps for getting the summons served and also for execution of the non-bailable warrant issued as against the respondent. For the reason that petitioner and his Advocate were not present before the Trial Court on 30.12.2023, the complaint has been dismissed for non-prosecution. In my considered opinion, if an opportunity to prosecute his case is given to the petitioner, no hardship would be caused to the other side. On the other hand, if the same is refused, the petitioner will be put to untold hardship. Under the circumstances, the following order:-

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NC: 2025:KHC-D:12674 CRL.P No. 100734 of 2024

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HC-KAR

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The Criminal Petition is allowed. The order dated 30.12.2023 passed by the Court of Principal Senior Civil Judge and CJM, Haveri in CC No.400/2023 dismissing the complaint of the petitioner for non-prosecution is set-aside and the complaint is restored to file. The Trial Court is directed to proceed further in the case in accordance with law.

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Sd/(S.VISHWAJITH SHETTY)

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JUDGE

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DN CT:BCK LIST NO.: 1 SL NO.: 17

Sri Shashank Hardwares v. Sri Parameshappa

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Sri Shashank Hardwares v. Sri Parameshappa

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