- 1 - NC: 2025:KHC:9460 CRL.P No. 3676 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 3676 OF 2019 (482(Cr.PC) / 528(BNSS)) BETWEEN: N.C. CHANDRASHEKARA SHETTY, S/O. N.C. CHANNIGAPPA SHETTY, AGED ABOUT 71 YEARS, R/O #865, VIDYA NILAYA, NANJEGOWDANAKAOPPALU, MYSORE CITY - 570 017. …PETITIONER (BY SRI. SURENDRA KUMAR N., ADVOCATE) AND: K. T. VEENA D/O. THIMMAIAH K. C., AGED ABOUT 45 YEARS, R/O #713, SHUBHASHREE NILAYA, 2ND B CROSS, BASAVESHWARANAGAR, BENGALURU - 560 010. …RESPONDENT (RESPONDENT SERVED) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ORDER DATED 29.11.2018 PASSED BY THE SENIOR CIVIL JUDGE AND J.M.F.C., NAGAMANGALA IN P.C.R.NO.178/2018 FOR DEFAULT AND RESTORE THE PCR NO.178/2018 TO ITS ORIGINAL FILE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:9460 CRL.P No. 3676 of 2019 AND THEREBY DIRECT THE MAGISTRATE TO PROCEED WITH THE CASE ON MERITS IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Order dated 29.11.2018 passed by the Senior Civil Judge and JMFC, Nagamangala in PCR No.178/2018, dismissing the complaint, is sought to be quashed in this petition. 2. A private complaint was filed against the accused/respondent alleging an offence under Section 138 of the Negotiable Instrument Act read with Section 420 of IPC, in respect of a cheque issued for a sum of Rs.15,00,000/-, which was dishounored due to insufficient funds in the account of the accused. 3. The material on record would disclose that the complaint was presented on 18.06.2018. The matter was listed for recording the sworn statement of the complainant on 20.07.2018. Matter was adjourned to 20.10.2018 and again on 29.11.2018. As the complainant - 3 - NC: 2025:KHC:9460 CRL.P No. 3676 of 2019 was absent, the learned Magistrate proceeded to pass the impugned order dismissing the complaint. 4. The complaint was filed on 18.06.2018. When the case was posted on 20.07.2018, complainant was present, but the sworn statement was not recorded. Subsequently, the complainant was absent on 20.10.2018 and 29.10.2018. Hence, the sworn statement of the complainant could not be recorded. The order sheet of the trial Court goes to show that the learned counsel appearing for the complainant was present and requested for time but, prayer was rejected by the trial Court. The cheque amount is Rs.15,00,000/-. Considering the age of the complainant and in the facts and circumstances, an opportunity can be given to the complainant to prosecute his complaint, however, on payment of cost. Hence, I pass the following; O R D E R i. Petition is allowed, subject to the petitioner/complainant depositing a cost of - 4 - NC: 2025:KHC:9460 CRL.P No. 3676 of 2019 Rs.3,000/- (Rupees Three Thousand Only) before the trial Court. ii. The order dated 29.11.2018 passed by the Senior Civil Judge and JMFC, Nagamangala in PCR No.178/2018, dismissing the complaint for default is hereby set aside. iii. The complaint shall be restored to the file of the trial Court and the learned Magistrate is directed to proceed with the matter in accordance with law. iv. The petitioner/complainant shall appear before the trial Court on 22.03.2025 or on subsequent date as directed by the learned Magistrate. Sd/- (MOHAMMAD NAWAZ) JUDGE AMM List No.: 1 Sl No.: 16