Sri N Chikkabyraiah Vs Sri Ningegowda

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NC: 2025:KHC:8611 CRL.A No. 1128 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 1128 OF 2024

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BETWEEN:

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SRI N CHIKKABYRAIAH AGED ABOUT 68 YEARS S/O LATE NARASIMHAIAH RESIDING AT No. 31/60 GORAVANAHALLI MAHALAKSHMI NILAYA 3^RD CROSS, JAI MARUTHINAGARA NANDINI LAYOUT BANGALORE – 560 096.

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…APPELLANT

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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(BY SRI C R RAJA GOPAL, ADVOCATE)

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AND:

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SRI NINGEGOWDA AGED ABOUT 51 YEARS R/AT No. 69 NEAR MANASA SCHOOL 6^TH B CROSS, PREETHINAGARA LAGGERE, BENGALURU – 560 058.

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…RESPONDENT

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(BY SRI RAJANNA N, ADVOCATE)

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THIS CRL.A IS FILED UNDER SECTION 378(4) Cr.P.C PRAYING TO SET ASIDE THE ORDER DATED 22.12.2023 IN C.C.No.2218/2018 ON THE FILE OF THE IV ASCJ AND A.C.M.M AT BENGALURU AT ANNEXURE-A AND RESTORE C.C.No.2218/2018 TO FILE FOR BEING HEARD AND DISPOSED ON MERITS AND IN ACCORDANCE WITH LAW AND ETC.,

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NC: 2025:KHC:8611 CRL.A No. 1128 of 2024

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

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the complainant praying

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to set aside the order dated 22.12.2023 passed in C.C. No. 2218/2018 by the IV ASCJ and ACMM, Bengaluru and to

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restore the said Criminal case.

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Heard learned counsel for appellant and learned counsel for respondent.

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Appellant – complainant has initiated proceedings against the respondent - accused for offence under Section 138 of Negotiable Instruments Act (hereinafter for the sake of brevity referred to as the `N.I. Act’) and it was pending in C.C. No. 2218/2018 on the file of IV ASCJ and ACMM, Bengaluru. Said case came to be dismissed for non-prosecution by order dated 22.12.2023. Said order has been challenged by the complainant in this appeal.

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3 - NC: 2025:KHC:8611 CRL.A No. 1128 of 2024

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Learned counsel for appellant would contend

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that the complainant is a senior citizen and he was unwell and therefore, he could not keep himself present for taking steps on the date of the impugned order. He further submits that he has produced the medical documents in support of his contention in this appeal. He further submits that absence of the complainant on the date of impugned order is for bonafide reason. With this, he prayed to allow the appeal and restore the criminal case.

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Learned counsel for respondent would contend

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that the complainant has also filed 3 other cases and they are pending before the trial Court. He further submits that no grounds are made out for setting aside the impugned order. Appellant has not produced any document in support of his contention that he was unwell and therefore he has not appeared before the trial Court on the date of impugned order. With this, he prayed for dismissal of the appeal.

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4 - NC: 2025:KHC:8611 CRL.A No. 1128 of 2024

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Having heard the learned counsel for the

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parties, this Court has perused the impugned order and other material placed on record.

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Case was listed on 22.12.2023 for taking steps for service of summons to the respondent – accused. On that day, the complainant remained absent and noting his absence learned Magistrate has dismissed the complaint for non-prosecution. Earlier the case was listed on 03.01.2023 and on that day the complainant has taken steps for issuance of summons by RPAD. Thereafter on 4 dates the complainant was absent and noting his absence complaint has been dismissed for non-prosecution. The appellant – complainant has stated that he is a senior citizen and he was unwell and therefore, he could not appear before the trial Court on the date of the impugned order. Along with the appeal memo medical documents are produced which indicate that the appellant is a senior citizen suffering from various health issues. Absence of the complainant on the date of impugned order is for bonafide reason, more so, cheque involved in the case is drawn for

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5 - NC: 2025:KHC:8611 CRL.A No. 1128 of 2024

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Rs.2.00 lakhs. Considering the said aspect the appellant

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has made out grounds for setting aside the impugned

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order and restoration of the criminal case.

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In the result, the following;

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O R D E R

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i. The appeal is allowed.

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ii. The impugned order dated 22.12.2023 passed in C.C. No. 2218/2018 by the IV ASCJ and ACMM, Bengaluru, is set aside.

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iii. C.C. No. 2218/2018 is ordered to be restored.

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iv. The appellant – complainant and respondent – accused are directed to appear before the trial Court on 28.03.2025 without anticipating any Court notice.

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Sd/-

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(SHIVASHANKAR AMARANNAVAR) JUDGE

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LRS

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List No.: 1 Sl No.: 61

Sri N Chikkabyraiah v. Sri Ningegowda

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Sri N Chikkabyraiah v. Sri Ningegowda

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