A private complaint under Section 138 NI Act was dismissed for non-prosecution when the complainant failed to appear owing to illness. The High Court held dismissal for default was unjustified where only the complainant would suffer, set aside the Magistrate's order and restored the complaint to file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:30421 CRL.P No. 7706 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
CRIMINAL PETITION NO. 7706 OF 2019
BETWEEN:
SRI. NARAYANASWAMY C S/O LATE CHINNASWAMY REDDY, AGED ABOUT 57 YEARS, R/AT NO.98/54, G S PALYA MAIN ROAD, ELECTRONIC CITY, BANGALORE - 560 100.
…PETITIONER
(BY SRI. RAJASHEKARA R.V., ADVOCATE)
AND:
Digitally signed by ANUSHA V Location: High Court of Karnataka
SRI S.MUNISWAMY S/O LATE NARAYANAPPA, AGED ABOUT 33 YEARS, R/AT SINGENA AGRAHARA, HUSKUR POST, ANEKAL TALUK, BANGALORE - 560 099.
…RESPONDENT (RESPONDENT-SERVED)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO RESTORE THE COMPLAINT AND SET ASIDE THE ORDER DATED 21.08.2019 IN C.C.NO.19530/2017 PASSED BY THE LEARNED XII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU TO RESTORE THE PETITIONER/COMPLAINT.
NC: 2026:KHC:30421 CRL.P No. 7706 of 2019
HC-KAR
THIS PETITION IS COMING ON FOR ADMISSION , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL ORDER
Challenging order dated 21.08.2019 passed by XII Additional Chief Metropolitan Magistrate, Bengaluru, in CC no.19530/2017, dismissing same for non-prosecution, this petition is filed.
Due to same, he did not appear in said proceedings on few dates of hearing. On 21.08.2019, when petitioner was unable to appear, noting his absence, learned Magistrate proceeded to pass order dismissing petition for non-prosecution. Aggrieved thereby, this petition is filed.
HC-KAR
proceedings. Observations by learned trial judge that complainant had not shown sufficient interest in securing execution of non-bailable warrant was not justified. There was no order non-bailable warrant by hand. Therefore, dismissal was not justified.
record.
NC: 2026:KHC:30421 CRL.P No. 7706 of 2019
HC-KAR
ulcer, he was unable to move and attend Court on 21.08.2019. Indeed petitioner was represented by counsel and order sheet does not indicate an exemption application having been filed. However, on said ground alone, dismissal of petition for default would not appear justified, as only person who would suffer loss or inconvenience on account of same would be petitionercomplainant himself.
ORDER
(i) Petition is allowed ;
(ii) Impugned order dated 21.08.2019 passed by XII Additional Chief Metropolitan Magistrate, Bengaluru, in CC no.19530/2017, is set aside.
(iii) Matter is restored to file of XII ACMM,
Bengaluru.
HC-KAR
on 20.07.2026 .
accused afresh.
Sd/(RAVI V HOSMANI) JUDGE
AV
List No.: 1 Sl No.: 40
1 issue framed by the court
Whether a cheque-dishonour complaint dismissed for non-prosecution due to the complainant's health-related absence could be restored under Section 482 CrPC.
2 provisions across 2 enactments
Sri. Narayanaswamy C
Sri S.Muniswamy
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
