S Gopal Shettigar Vs Shambhavi Nayak — Karnataka HC (2025) — LawSathi Research

S Gopal Shettigar Vs Shambhavi Nayak — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed; order dated 05.06.2023 in C.C.No.2564/2019 set aside; Trial Court Registry directed to restore the file and place it before the appropriate Court; Trial Court directed to issue summons to the appellant/complainant and the accused and to proceed from the stage where the case stopped.

Issue for consideration

Whether the order dated 05.06.2023 of the III Addl. Civil Judge and J.M.F.C, Udupi, in C.C.No.2564/2019 (dismissing the case for non-prosecution) should be set aside and the case remanded/restored to the Trial Court.

Court's answer

After hearing learned counsel for the appellant and perusing the order sheet on record, the Court was satisfied with the submissions made by the appellant's counsel and considered it appropriate to allow the appeal.

Ratio / Principle

The order dated 05.06.2023 passed in C.C.No.2564/2019 on the file of III Additional Civil Judge and J.M.F.C., Udupi, is set aside.

Key takeaways

The Registry of the Trial Court is directed to restore the file and place it before the appropriate Court.ratio¶45
The Trial Court is directed to issue summons to the appellant/complainant and the accused and to proceed with the case from the stage where proceedings had stopped.ratio¶49

Detailed headnote1 paragraphs

Criminal appeal (CRL.A No. 1630 of 2024) under Section 378(4) Cr.P.C. (also noted as filed u/s 419 'BNNS', as printed) by the complainant, S Gopal Shettigar, aggrieved by the order dated 05.06.2023 of the III Additional Civil Judge and J.M.F.C., Udupi, in C.C.No.2564/2019 dismissing the case for non-prosecution. Counsel submitted that the case had been transferred twice (to IV Additional Civil Judge and J.M.F.C on 20.04.2020 and to Principal Civil Judge and J.M.F.C on 07.02.2023) without notice to the complainant, that on 05.06.2023 P.W.1 was absent as he was unaware of the transfer, and that the appellant's absence was not intentional but bona fide. Having heard the submissions and perused the order sheet, the Court (S Rachaiah, J.) was satisfied and allowed the appeal: the dismissal order dated 05.06.2023 was set aside, the Trial Court Registry was directed to restore the file and place it before the appropriate Court, and the Trial Court was directed to issue summons to the appellant/complainant and the accused and to proceed from the stage where proceedings had stopped.

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NC: 2025:KHC:35907 CRL.A No. 1630 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1630 OF 2024 (A)

BETWEEN:

S GOPAL SHETTIGAR

S/O LATE S M SHETTIGAR

AGED ABOUT 72 YEARS

R/AT 2-2-44F, SRI RAKSHA

SHIRIBEEDU

BANNANJE WARD

UDUPI TQ AND

Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

DISTRICT 576 101

&APPELLANT

(BY SRI. KEERTHI PRASAD D C., ADVOCATE)

AND:

SHAMBHAVI NAYAK

AGED ABOUT 64 YEARS

2 - NC: 2025:KHC:35907 CRL.A No. 1630 of 2024

HC-KAR

W/O GANAPATHY NAYAK HMT QUARTERS, NEAR KAPU HALEMARIGUDI, TEMPLE KAPU TALUK UDUPI DISTRICT 574 106

&RESPONDENT

(BY SMT. ADLENE STEPHANIE MENDES., ADVOCATE)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) CR.PC (FILED U/S 419 BNNS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE III ADDL.CIVIL JUDGE AND J.M.F.C, UDUPI IN C.C.NO.2564/2019 DATED 05.06.2023 AND REMAND THE CASE TO THE TRIAL COURT FOR PROCEEDING FURTHER IN ACCORDANCE WITH LAW.

THIS APPEAL, COMING ON FOR ADMISSION, THIS

DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

3 - NC: 2025:KHC:35907 CRL.A No. 1630 of 2024

HC-KAR

ORAL JUDGMENT

This appeal is filed by the appellant being aggreived by the order dated 05.06.2023 passed in C.C.No.2564/2019 on the file of III Additional Civil Judge and J.M.F.C., Udupi, seeking to set aside the order.

It is the submission of learned counsel for the appellant that the case was transferred from the Court of III Additional Civil Judge and J.M.F.C, Udupi, to IV Additional Civil Judge and J.M.F.C on 20.04.2020. Later, on 05.03.2021, the case was posted for defence evidence. However, the accused was absent, warrant was issued on 02.03.2022 and 08.04.2022.

It is further submitted that, warrant was recalled on cost. Later, case was transferred to the Court of Principal Civil Judge and J.M.F.C on 07.02.2023, no notice was issued to the complainant regarding transfer of the case. It was posted for cross-examination of the complainant. On 05.06.2023, P.W.1 was absent as he was not aware about the transfer of the case and the appellant was not able to appear before the Court. However, the case was dismissed for non-prosecution. The

4 - NC: 2025:KHC:35907 CRL.A No. 1630 of 2024

HC-KAR

absence of the appellant was not intentional, but, it is bonafide. Moreover, the appellant is having a good case on merit. If, the order is not passed, it would be caused prejudice to the appellant. Therefore, it is appropriate to set aside the order. Making such submissions, the learned counsel for the appellant prays to allow the appeal.

Having heard the submissions made by learned counsel for the appellant and also perused the order sheet available on record, I am satisfied with the submission made by learned counsel for the appellant. Therefore, it is appropriate to allow the appeal. Hence, I proceed to pass the following:

ORDER

i. The Criminal Appeal is allowed .

ii. The order dated 05.06.2023 passed in C.C.No.2564/2019 on the file of III Additional Civil Judge and J.M.F.C., Udupi, is hereby, set aside.

iii. The Registry of the Trial Court is directed to restore the file and place before the appropriate Court.

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NC: 2025:KHC:35907 CRL.A No. 1630 of 2024

HC-KAR

iv. The Trial Court is directed to issue summons to the appellant/complainant and accused and proceed with the stage from were it was stopped.

Sd/(S RACHAIAH) JUDGE

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