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A M Prasanna v. Sri a R Rajanna

Karnataka HC20 Feb 2026CRL.A/174/2025

Case brief

AI extract

What is this about?

Section 138 NI Act complaint dismissed for non-prosecution; restoration of complaint; one more opportunity to lead evidence; medical grounds for complainant's absence; counsel present throughout; C.C.No.1079/2021, Principal Civil Judge and JMFC, Mudigere; CRL.A No. 174 of 2025; High Court of Karnataka; Justice G Basavaraja; complainant to appear on 02.04.2026 without further notice; notice to respondent dispensed with vide order dated 20.02.2026.

What did the court decide?

Impugned order dated 17.05.2023 in C.C.No.1079/2021 set aside and case restored; complainant directed to appear before the Trial Court on 02.04.2026 without seeking any further notice; Trial Court directed to secure the presence of the accused and proceed in accordance with law; Registry directed to send copy of the order to the Trial Court. ¶46

A M Prasanna Vs Sri a R Rajanna — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant/complainant, whose Section 138 NI Act complaint was dismissed for non-prosecution after repeated absence on dates fixed for his evidence, was entitled to have the dismissal set aside and to be granted one more opportunity to lead evidence.

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Court's answer

Accepting the submissions of the learned counsel for the appellant that the complainant was suffering from medical casualties and was unable to attend court on few dates while his counsel remained present, it is just and proper to provide one more opportunity to the complainant to lead evidence.

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Ratio / Principle

The appeal is allowed; the impugned order dated 17.05.2023 passed in C.C.No.1079/2021 is set aside and the case is restored; the complainant is directed to appear before the Trial Court on 02.04.2026 without seeking any further notice, and the Trial Court is directed to secure the presence of the accused and proceed with the case in accordance with law.

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Detailed headnote1 paragraphs

Criminal Appeal (CRL.A No. 174 of 2025) under S. 378(4) Cr.P.C. against order dated 17.05.2023 of the Principal Civil Judge and JMFC, Mudigere dismissing the complainant's Section 138 NI Act case (C.C.No.1079/2021) for non-prosecution. The order sheet showed repeated absence of the complainant on dates fixed for his evidence from 13.07.2022 onwards despite sufficient opportunities, culminating in dismissal on 17.05.2023 when he did not turn up even though the case was called twice. Counsel for the appellant submitted that on the date of the impugned order the complainant was suffering from medical casualties and was unable to attend on few dates, while counsel was always present representing him. The Court held it just and proper to provide one more opportunity to lead evidence: appeal allowed; impugned order set aside; C.C.No.1079/2021 restored; complainant directed to appear before the Trial Court on 02.04.2026 without seeking further notice; Trial Court directed to secure the accused's presence and proceed in accordance with law.

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NC: 2026:KHC:3857 CRL.A No. 174 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 20^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE G BASAVARAJA

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CRIMINAL APPEAL NO. 174 OF 2025 (A)

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BETWEEN:

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A M PRASANNA SON OF LATE MNANUNATHA GOWEDA AGED ABOUT 64 YEARS RESIDENT OF HEECHAHALLI ESTATE HALEKRE VILALGE AND POST GONIBEEDI HOBLI, MUDIGERE TALUK CHIKKAMAGALURU DISTRICT-577 132

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…APPELLANT

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(BY SRI. SHANKARANARAYANA BHAT N, ADVOCATE)

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AND:

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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SRI A R RAJANNA SON OF NOT KNOWN AGED ABOUT 60 YEARS COFFE PLANTER KEMBATMAKKI ESSTATE JOGANAKERE POST MUDIGERE TALUK CHIKKAMAGALURU DISTRICT 577132

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…RESPONDENT (VIDE ORDER DATED 20.02.2026 NOTICE TO RESPONDENT IS DISPENSED WITH)

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THIS CRL.A IS FILED U/S 378(4) OF CR.PC (FILED U/S 419(4) OF BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER / JUDGMENT IN C.C.NO.1079/2021 ON THE FILES OF

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2 - NC: 2026:KHC:3857 CRL.A No. 174 of 2025

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HC-KAR

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THE PRL. CIVIL JUDGE AND JMFC, MUDIGERE DATED 17.05.20232.

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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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The appellant has preferred this appeal against the order dated 17.05.2023 passed in C.C.No.1079/2021 by the Principal Civil Judge and JMFC, Mudigere (for brevity, 'the Trial Court').

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The brief facts leading to this appeal are that the appellant/complainant had filed complaint under Section 138 of the Negotiable Instruments Act, 1881. After taking cognizance, the case was registered in C.C.No.1079/2021 and summons was issued to the accused. In response to the summons, the accused appeared before the Trial Court and was released on bail.

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The substance of accusation was framed. The accused pleaded not guilty and claimed to be tried. Then case was posted for evidence. On 17.05.2023, the Trial Court passed the following order:

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3 - NC: 2026:KHC:3857 CRL.A No. 174 of 2025

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HC-KAR

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"Complainant is absent. Accused present. Perused order sheet. It is evident that today has given last opportunity to the complainant to adduce evidence. Whereas, complainant not appeared before the court. Hence, call again 3.00 p.m.

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Case called out again 3.00 p.m. Accused present. Complainant is called out, absent.

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Perused the materials and order sheet. It is evident that the present complaint is filed by the complainant for the offence punishable under section 138 of NI Act against the accused. Herein the this case on 13.07.2022, the plea has been recorded and read over to the accused. Then case was posted for complainant evidence on 04.08.2022.

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On 04.08.2022, again accused was present, but the complainant was present. Hence, the matter was adjourned on 24.08.2022 for same stage. On that day also, accused present, but the complainant and his counsel were remained absent. Hence, the matter was posted on 21.09.2022. On that day, again the complainant was absent and hence, the matter was posted on 18.10.2022

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HC-KAR

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for complainant evidence finally as last chance.

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Further, on that day also, the complainant was remained absent and hence, the matter was posted for same stage on 16.11.2022. On that date, accused was present and the counsel for the complainant submits that the complainant was hospitalized due to his ill health. Hence, another four opportunity have been given. On 21.04.2023, when the case was set-down for complainant evidence, the Advocate of the complainant retired with the consent of the court and the complainant who present on that day seeks time to appoint another counsel and to adduce evidence and hence, the case was posted to this day.

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But today also, the complainant not turned up to the court even the case was called at twice. By looking into the order sheet court can infer that there are sufficient opportunities have been given to the complainant to adduce his evidence since 13.07.2022 to till day. Inspite of sufficient opportunities, complainant has not interested in prosecuting the case. Therefore, the

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NC: 2026:KHC:3857 CRL.A No. 174 of 2025

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HC-KAR

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complaint filed by the complainant is hereby dismissed for non-prosecution."

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Being aggrieved by this order, the appellant/complainant has preferred this appeal.

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The learned counsel for the appellant submits that on the date of passing the impugned order, the complainant was suffering from medical casualties and was unable to attend the Court on few dates of hearing. The counsel for the appellant was always present and represented, submitting the health aspect of the appellant. Hence, he could not appear before this Court.

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Accepting the submissions of the learned counsel for the appellant, it is just and proper to provide one more opportunity to the complainant to lead evidence. Accordingly, I proceed to pass the following:

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O R D E R

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i. The appeal is allowed .

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ii. The impugned order dated 17.05.2023 passed by the Principal Civil Judge and JMFC, Mudigere in

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