Allowed¶47

Sri.T.N.Kalegowda v. Sri Thimmappa

Karnataka HC24 Oct 2025CRL.A/421/2025

Case brief

AI extract

What is this about?

T.N. Kalegowda (appellant/complainant) v. Thimmappa (respondent/accused); CRL.A No. 421 of 2025, High Court of Karnataka, decided 24.10.2025 by Justice G Basavaraja; S.138 Negotiable Instruments Act, 1881 complaint in C.C.No.524/2017; dismissal for non-prosecution dated 19.07.2024 set aside; complaint restored to file; NBW against accused; appeal under S.378(4) Cr.P.C./S.419(4) BNSS.

What did the court decide?

Order dated 19.07.2024 in CC No.524/2017 set aside; CC No.524/2017 restored to file; complainant directed to appear before the trial court on 27.11.2025 without waiting for notice and to take steps to issue NBW to the accused. ¶47

Sri.T.N.Kalegowda Vs Sri Thimmappa — Cheque Dishonour | Karnataka HC (2025)

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1 - NC: 2025:KHC:42170 CRL.A No. 421 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 24^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 421 OF 2025 (A)

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BETWEEN:

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SRI.T.N.KALEGOWDA, S/O LATE SRINEELAPPA, AGED ABOUT 73 YEARS, R/O NO.39, 'G' BLOCK, RAMAKRISHNANAGAR, MYSURU, MYSURU-570022.

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…APPELLANT (BY SRI SIDDANOORU VISHWANATHA, ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA

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SRI THIMMAPPA, S/O NOT KNOWN, AGED ABOUT 63 YEARS, KANNADA TEACHER, AL-AMEEN HIGH SCHOOL, HULIYUR ROAD,ARASIKERE, HASSAN DISTRICT-573103,

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ALSO AT:

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DASANAHAKATTE RAMAGIRI POST, HOLALKERE TALUK, CHITRASDURGA DISTRICT, CHITRADURGA -577539.

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…RESPONDENT (V/O/DT 24.10.2025 - NOTICE TO RESPONDENT IS DISPENSED WITH)

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THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER OF DISMISSAL DATED 19.07.2024 AND CONSEQUENTLY ALLOW THE APPEAL IN C.C.NO.524/2017

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2 - NC: 2025:KHC:42170 CRL.A No. 421 of 2025

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HC-KAR

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ON THE FILE OF THE V ADDL.CIVIL JUDGE AND J.M.F.C MYSURU.

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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 G BASAVARAJA

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ORAL JUDGMENT

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Heard the learned counsel for the parties.

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Appellant/complainant has preferred this appeal against the order dated 19^th July, 2024 passed in C.C. No.524 of 2017 by the V Additional Civil Judge and JMFC, Mysuru. The

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impure order passed by the trial court reads as under:

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" Case called out.

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Complainant absent. Since long time complainant remained absent. Proper steps not taken. To take steps kept by.

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Sd/V Addl.Civil Judge & JMFC

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Case called at 5.02 pm. Complainant absent. No representation to complainant.

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Perused the order sheet. Since long time the complainant remained absent. Sufficient time given to the complainant to take steps against accused. He has not taken coercive steps to secure the presence of the

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3 - NC: 2025:KHC:42170 CRL.A No. 421 of 2025

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HC-KAR

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accused. Inspite of sufficient opportunity, complainant and his counsel has failed to appear before this court showing any reason for his non-appearance to take steps against accused. As sucyh it has to be inferred that the complainant is not evincing any interest in prosecuting the matter. Hence, no grounds found to give further time. Conduct of the complainant shows that he is not interested in this case. This case is of the year 2017 and the case is pending for taking steps since long time.

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As such if the case went on in the same stage, it would amount to abuse of process of law. Hence, this case is hereby dismissed for non-prosecution. "

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A perusal of the order sheet reveals that the complainant has filed complaint under section 138 of Negotiable Instruments Act, 1881. The court has taken cognizance against the accused for the offence punishable under section 138 of Negotiable Instruments Act and the case was registered in CC No.524 of 2017 and summons was issued to the accused and the case was posted on 09^th March 2017. On that day summons was not returned. Hence court has passed the order to re-issue summons to the accused through RPAD. The complainant has furnished PF and RPAD and the same was not returned. Then the case was being adjourned from time to time, awaiting for RPAD. RPAD had not returned. On 22^nd January 2020, the

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4 - NC: 2025:KHC:42170 CRL.A No. 421 of 2025

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HC-KAR

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complainant has paid process fee. Then the court has passed the order to issue summons to the accused by hand. Whether the summons is received by the complainant or not has not been shown in the order sheet. On 05^th February, 2022, as per the SOP issued by this court dated 14^th January, 2022, the case was adjourned due to COVID-19. Thereafter, several adjustments were granted by the trial court. On 27^th February 2023, summons was served to the accused. However, the accused remained absent and NBW was issued against the accused.

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It is submitted by the learned counsel for the appellant and that on the date of hearing, the Counsel for the complainant was not keeping well, and for that bonafide reason, process fee was not paid. Considering the submission made by the complainant, I proceed to pass the following:

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O R D E R

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i) Appeal is allowed;

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ii) Order dated 19^th July, 2024 passed in CC

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No.524 of 2017 by the V Additional Civil Judge

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NC: 2025:KHC:42170 CRL.A No. 421 of 2025

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HC-KAR

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and JMFC, Mysuru, is set aside and CC No.524 of 2017 shall be restored to file;

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iii) Complainant is directed to appear before the trial court on 27^th November 2025 , without waiting for any further notice from the trial court;

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iv) Complainant is directed to take necessary steps to issue NBW to the accused;

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v) Registry is directed to send a copy of this order

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to the trial court for taking necessary steps.

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Sd/(G BASAVARAJA) JUDGE

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lnn List No.: 1 Sl No.: 48

Sri.T.N.Kalegowda v. Sri Thimmappa

Case brief

What is this about?

What did the court decide?

Sri.T.N.Kalegowda v. Sri Thimmappa

Case brief

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What the court decided

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