Kumaraswamy H T v. Manjunatha
Case brief
What is this about?
Keywords: Section 482 CrPC; Section 138 Negotiable Instruments Act cheque complaint; recall of order dismissing complaint as withdrawn as settled out of Court; bonafide mistake of counsel; inadvertent filing of withdrawal memo in wrong case (CC no.878/2018 instead of CC no.879/2018); restoration of complaint to original stage; technicalities versus ends of justice; same-day recall application; III Additional Civil Judge, Channarayapatna; respondent served and unrepresented, unopposed petition; CRL.P No.7704 of 2019; High Court of Karnataka; decided 15-06-2026 by Ravi V Hosmani, J.
What did the court decide?
Orders dated 20.03.2019 and 16.03.2019 set aside; proceedings in C.C.no.878/2018 restored to file at the same stage as prior to 16.03.2019; trial Court to proceed in accordance with law after issuing summons to accused; petitioner-complainant directed to appear before the trial Court on 06.07.2026.