- 1 - HC-KAR NC: 2025:KHC:21256 CRL.P No. 4783 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4783 OF 2024 BETWEEN: SRI. LINGEGOWDA, S/O MANCHEGOWA, AGED ABOUT 77 YEARS, RETIRED ACCOUNTS SUPERINTENDENT, R/AT NO. KL 225, 13TH CROSS, V.V.NAGAR, MANDYA - 571 401. REPRESENTED BY SPECIAL POWER OF ATTORNEY HOLDER SRI. BHANUPRAKASH K.L., S/O LINGEGOWDA, AGED ABOUT 38 YEARS, R/AT NO. KL 225, 13TH CROSS, V.V.NAGAR, MANDYA - 571 401. …PETITIONER (BY SRI. HARIPRASAD M.B, ADVOCATE) AND: SRI. RAMACHANDRA P.K, S/O SRI. KARIPUTTEGOWDA, AGED ABUT 39 YEARS, R/O PRAKRUTI NILAYA, 14TH CROSS, V.V. NAGAR, MANDYA - 571 401. Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21256 CRL.P No. 4783 of 2024 WORKING ADDRESS: NO.2, 2ND FLOOR, UP ON SBI BANK, RBD, NEAR LIC OFFICE, BENGALURU - MYSURU ROAD, BANDHIGOWDA LAYOUT, MANDYA - 571 401. …RESPONDENT THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO A. ORDER IN FAVOUR OF PETITIONER, BY SETTING ASIDE THE IMPUGNED ORDER DATED 29.01.2024 PASSED IN PCR NO.858/2021 ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT MANDYA. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition is filed by the complainant in PCR.No.858/2021 as directed against the impugned order dated 28.01.2024, whereby the said private complaint filed by the petitioner against the respondent for the offences punishable under Sections 138 to 142 of the Negotiable Instruments Act, 1881, (hereinafter referred to as 'the N.I.Act' for short) was dismissed by the trial Court. - 3 - HC-KAR NC: 2025:KHC:21256 CRL.P No. 4783 of 2024 2. Since, respondent/accused was not notified by the trial Court, for the order proposed, notice to respondent is dispensed with. 3. Heard learned counsel for the petitioner. 4. A perusal of the material on record will indicate that the petitioner filed a private complaint in PCR 858/2021, inter alia contending that the respondent was guilty of an offence punishable under Section 138 of the N.I.Act. In the complaint, the petitioner specifically contended that respondent issued a cheque dated 30.05.2021, which was presented by the complainant on 30.08.2021 and which was dishonored on the very same day and the intimation in this regard was given to the petitioner on 16.09.2021. It is contended that the petitioner had a period of 30 days to issue the statutory notice in view of Section 138(b) of the N.I. Act and consequently, the notice dated 11.01.2021, issued by the petitioner to the respondent/accused within the period of 30 days from the date of intimation / information of the dishonor dated 16.09.2021, was well within the aforesaid prescribed period, despite which the trial Court has proceeded to dismiss the - 4 - HC-KAR NC: 2025:KHC:21256 CRL.P No. 4783 of 2024 complaint as barred by limitation, which is totally erroneous and contrary to the provisions contained in Section 138 of the N.I.Act and the material on record warranting interference in the present petition. 5. 5. A perusal of the impugned order will indicate that the trial Court has failed to consider and appreciate that the undisputed fact that emerged from the material on record that the cheque was presented by the petitioner on 30.08.2021 and intimation/ information regarding the same being dishonored was given to the petitioner only on 16.09.2021 and consequently the period of 30 days started running from 16.09.2021 ending on 15.10.2021 and as such, the statutory notice issued by the petitioner on 11.10.2021 was well within the prescribed statutory period of 30 days as contemplated under Section 13(b) of the N.I. Act and failure to appreciate this by the trial Court has resulted in erroneous conclusion warranting interference in the present petition. In the result, I pass the following: ORDER i. The petition is hereby allowed. - 5 - HC-KAR NC: 2025:KHC:21256 CRL.P No. 4783 of 2024 ii. Impugned order dated 29.01.2024 passed in P.C.R.No.858/2021 on the file of the learned Principal Civil Judge & JMFC, Mandya, is hereby set aside. iii. The trial Court is directed to record his own statement of the petitioner and permit him to produce documents, witnesses, etc., and proceed further in the matter in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE rv List No.: 1 Sl No.: 10 CT: BHK