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Shivannagowda S N v. Sri Vairmudi

Karnataka HC16 Sept 2025CRL.A/1394/2025

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), CRL.A No. 1394 of 2025, decided 16.09.2025 by Justice S Rachaiiah. Shivannagowda S N (complainant/appellant) v. Vairmudi; restoration of private complaint under Section 138 NI Act dismissed for default for non-payment of process fee; appeal under Section 378(4) Cr.P.C.; one more opportunity granted with Rs.5,000/- costs; Addl. Civil Judge & JMFC Kunigal; Tumakuru district.

What did the court decide?

Appeal allowed; order dated 07.05.2025 in C.C.No.959/2024 set aside; matter remitted to the Trial Court to continue from the stage of disposal; Trial Court to restore the criminal case and issue court notice to the respondent/accused; appellant to deposit Rs.5,000/- as costs within four weeks; Registry to send records forthwith to the Trial Court. ¶41

Shivannagowda S N Vs Sri Vairmudi — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:36799 CRL.A No. 1394 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1394 OF 2025 (A)

BETWEEN:

SHIVANNAGOWDA S N

S/O NINGAIAH

AGED ABOUT 34 YEARS

R/AT SINGONAHALLI VILLAGE HULIYURDURGA HOBLI

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KUNIGAL TALUK

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TUMAKURU DISTRICT 572 123

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…APPELLANT

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Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka

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(BY SRI. JAYALAKSHMAMMA K.B., ADVOCATE)

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AND:

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SRI VAIRMUDI

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S/O DODDADESAPPA AGED ABOUT 57 YEARS

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2 - NC: 2025:KHC:36799 CRL.A No. 1394 of 2025

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HC-KAR

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R/AT SINGONAHALLI VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT 572 123

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…RESPONDENT

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 07.05.2025 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC KUNIGAL IN C.C.NO.959/2024 AND RESTORE THE SAME TO PROCEED THE CASE.

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

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CORAM: HON'BLE MR. JUSTICE S RACHAIAH

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NC: 2025:KHC:36799 CRL.A No. 1394 of 2025

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HC-KAR

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ORAL JUDGMENT

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This appeal is filed by the appellant/complainant seeking to set aside the order dated 07.05.2025 passed in C.C.No.959/2024 by the learned Addl. Civil Judge & JMFC, Kunigal.

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The appellant filed a private complaint before the Trial Court against the respondent/accused for the offence under Section 138 of Negotiable Instruments Act (for short ‘N.I Act’) in the year 2023. On 21.06.2024, the sworn statement of the appellant was recorded, documents were marked as Exs.P.1 to 5, summons was ordered against the accused and the matter was adjourned to 09.08.2024. On 09.08.2024, process fee was paid and the notice was ordered for the accused through RPAD and the matter was adjourned to 10.10.2024. On 10.10.2024, again notice was ordered without verifying the status of the RPAD and the same was not noted in the order sheet. Due to oversight, again the appellant had paid P.F. The matter was posted on 13.12.2024. On 13.12.2024, the matter was adjourned to 17.02.2025. On 17.02.2025, the notice was ordered through RPAD and adjourned to 07.05.2025. Due to

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NC: 2025:KHC:36799 CRL.A No. 1394 of 2025

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HC-KAR

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oversight, P.F., was not paid. On 07.05.2025, the case was called out and without giving opportunity to the appellant, the case was dismissed for default. Being aggrieved by the order of dismissal, the appellant preferred this appeal before this Court.

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On perusal of the order sheet and also the facts and circumstances of the case, it is appropriate to grant one more opportunity to the appellant/complainant to appear before the Trial Court by imposing payment of costs.

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