Smt Shakila P Shetty v. Sri Ramesh K K
Case brief
What is this about?
Karnataka High Court, Bengaluru; CRL.P No. 13765 of 2025; Mohammad Nawaz, J.; 24-10-2025. Accused's S.482 CrPC (S.528 BNSS) petition to quash S.138 NI Act complaint C.C.No.278/2021 (filed u/S.200 CrPC, 2021) before Civil Judge & JMFC, Koppa, on ground of complainant/PW1's repeated absence (~30 times per counsel) and repeated adjournments; contention that trial Court should have acquitted under S.256 CrPC / S.279 BNSS 2023. Petition disposed of, not quashed: disposal directed within three months; trial court may invoke S.279 BNSS 2023 (S.256 CrPC) if complainant continuously absent without justification; pending IA disposed. Keywords: quashing, cheque dishonour, complainant absence, speedy disposal, time-bound direction.
What did the court decide?
Petition disposed of without quashing the proceedings; trial Court directed to make all endeavour to dispose of CC No. 278/2021 within three months; liberty left to the trial court to proceed under Section 279 BNSS, 2023 (Section 256 Cr.P.C) if the complainant remains absent continuously without justification; pending IA disposed of.