- 1 - NC: 2025:KHC-D:1243 CRL.A No. 100029 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100029 OF 2025 (A) BETWEEN: SMT. GIRIJA W/O VEERAPPA SAVADATTI, AGE: 62 YEARS, OCC: RETIRED ANGANAWADI WORKER, R/O: KULBUSHAN NAGAR GARAG, TQ: AND DIST: DHARWAD-580 001. … APPELLANT (BY SRI. R.H. ANGADI, ADVOCATE) AND: MANJUNATH S/O SHIVANAND ANDANI SWAMI MATH, AGE: 41 YEARS, OCC: PRIVATE WORK, R/O: JANATHA PLOT, BEHIND GRAM PANCHAYAT, GARAG, DIST: DHARWAD-580 001. … RESPONDENT THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C. (419 (4) OF BNSS), PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 28.11.2024, IN P.C.R. NO.576/2024, BY THE COURT OF THE IST ADDL.CIVIL JUDGE AND JMFC, DHARWAD AND CONSEQUENTLY AN ORDER RESTORATION OF P.C.R. NO.576/2024, ON THE FILE OF THE IST ADDL. CIVIL JUDGE AND JMFC, DHARWAD, FOR AN OFFENCE PUNISHABLE U/S 138 OF N.I. ACT, BY ALLOWING THIS APPEAL, TO MEET THE ENDS OF JUSTICE. THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:16:03 +0530 - 2 - NC: 2025:KHC-D:1243 CRL.A No. 100029 of 2025 ORAL JUDGMENT 1. The appellant filed a private complaint under Section 200 of the Code of Criminal Procedure (for short, ‘Cr.P.C.’) for offences punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘N.I. Act’). The trial court, after recording the sworn statement, took cognizance and issued a summons. 2. Despite being granted several opportunities, the appellant failed to file an affidavit in support of the sworn statement. Consequently, the trial court was left with no option but to dismiss the complaint for non-prosecution. 3. While it is evident that the appellant was not diligent in filing the sworn statement, considering that no prejudice will be caused to the respondent if the appeal is allowed, and in view of the fact that the appellant would suffer monetary loss if they succeed before the trial court, I deem it appropriate to allow the appeal. ORDER i) The appeal is allowed. ii) The impugned order dated 28.11.2024 in PCR No.576/2024 pending on the file of the I Additional Civil Judge and JMFC. Dharwad, is set aside. iii) The complaint is restored to its file. - 3 - NC: 2025:KHC-D:1243 CRL.A No. 100029 of 2025 iv) It is made clear that if the appellant fails to file a sworn statement on the date of summons, the trial court shall pass an appropriate order in accordance with the law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC CT:BCK LIST NO.: 2 SL NO.: 8