Sri Chandra Shekar, Vs Sameulla K a

SAMEULLA K A, S/O ABDDUL SHANKAR, MAJOR, PROP. S.N. MOBILE, CHINDENA HALLI GATE, GANDSI HOBLI, ARSIKERE TALUK - 573103. …RESPONDENT (VIDE COURT ORDER DT 05.11.2025, NOTICE TO RESPONDENT IS DISPENSED WITH)

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THIS CRL.A IS FILED U/S 378(4) OF CR.P.C. BY THE ADVOCATE FOR THE APPELLANT/S PRAYING TO SET ASIDE THE ORDER DATED 08.06.2023 PASSED BY THE PRL. CIVIL JUDGE AND J.M.F.C., ARASIKERE IN C.C.NO.1517/2019.

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THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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NC: 2025:KHC:44619 CRL.A No. 1140 of 2024

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HC-KAR

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ORAL JUDGMENT

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The complainant/appellant has preferred this appeal against the impugned order passed by the Principal Civil Judge and JMFC, Arsikere, dated 08.06.2023.

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The complainant has filed a complaint under Section 138 of Negotiable Instruments Act against the respondent. This case was registered in PCR No.41/2019, thereafter, case was registered in C.C.No.1517/2019. Summons was issued to the accused on 05.10.2019. Thereafter, the case was adjourned from time to time till 25.01.2021. Thereafter, the NBW was issued on 12.03.2021. Thereafter, case was adjourned from time to time.

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A perusal of the order sheet it is crystal clear that many times the NBW has issued to the accused, but same was not returned. When the non-bailable warrant is issued against the accused, it is the duty of the Court to see that whether NBW is executed or not. The Trial Court has not applied its judicial mind before passing this impugned order. The Trial Court has mechanically and blindly passed this impugned order stating that complainant has not taken steps to secure the

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3 - NC: 2025:KHC:44619 CRL.A No. 1140 of 2024

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HC-KAR

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appearance of the accused. The order sheet reflects that the Trial Court has issued NBW to the accused several times. The

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order passed by the Trial Court itself reveals that the complainant has taken necessary steps to secure the accused. However, the Trial Court has passed this impugned order which is illegal and not sustainable under law.

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4. Accordingly, I proceed to pass the following

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ORDER

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(i) The appeal is allowed.

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(ii) The impugned order passed by the Principal Civil

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Judge and JMFC, Arsikere dated 08.06.2023 is set aside.

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(iii) The C.C.No.1517/2019 shall be restored.

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(iv) The complainant is directed to appear before the Trial

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Court without seeking any further notice from the said Court on 03.12.2025.

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(v) The complainant is directed to take necessary steps before the Trial Court to secure the accused. Thereafter, the Trial Court shall proceed with the case in accordance with law.

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