- 1 - HC-KAR NC: 2025:KHC-D:14131 CRL.A No. 100222 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100222 OF 2025 (378(Cr.PC)/419(BNSS)) BETWEEN: SRI. RAMAPPA S/O. SIDDAPPA KHIDRAPUR, AGE. 51 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. ALAGUR VILLAGE, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …APPELLANT (BY SRI. M.C. HUKKERI, ADVOCATE) AND: SRI. RAVINDRA S/O. SUBHASH GIRADDI, AGE. 40 YEARS, OCC. AGRICULTURE, R/O. OPPOSITE POLICE, NEW QUARTERS SHANTI NAGAR, KUNCHANUR ROAD, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …RESPONDENT (NOTICE TO SOLE RESPONDENT IS SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 419(4) OF BNSS, PRAYING TO SET ASIDE THE ORDER PASSED BY THE ADDL. CIVIL JUDGE AND J.M.F.C., JAMKHANDI IN C.C. NO.9/2022 ON 10/07/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENT ACT AND RESTORE THE CASE ON ITS ORIGINAL FORM AND PERMIT THE APPELLANT PROCEED WITH THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14131 CRL.A No. 100222 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) This appeal is filed by the appellant who is the complainant before the Trial Court. The Trial Court dismissed the complaint for non-prosecution on 10.07.2024 contending inter-alia that, the complainant remained absent inspite of sufficient opportunity having been given to the complainant none appears to represent the case. 2. The learned counsel for the appellant submits that, the appellant had already filed chief examination by way of affidavit before the learned Magistrate. However, the learned Magistrate without considering his presence called out the case and dismissed the complaint for non- prosecution. - 3 - HC-KAR NC: 2025:KHC-D:14131 CRL.A No. 100222 of 2025 3. On perusal of the order sheet, it would indicate that, the complaint was filed on 18.09.2021. On 07.12.2021, the Court took cognizance and registered the Criminal case and summons was ordered to the accused. Thereafter, on 08.12.2022, accused has appeared through the counsel and filed an application for grant of bail. Thereafter, the examination of PW.1 was done. However, on several occasions, PW.1 was not available for cross- examination. Though, it appears that, the Trial Court rightly passed an order of dismissal for non-prosecution, exercising the inherent jurisdiction of this Court, it is appropriate to grant one more opportunity to the complainant to appear before the Trial Court on payment of cost. 4. In the light of the observations made above, I proceed to pass the following; - 4 - HC-KAR NC: 2025:KHC-D:14131 CRL.A No. 100222 of 2025 ORDER (i) The appeal is allowed, on payment of cost of Rs.5,000/- payable to the Karnataka State Legal Service Authority. (ii) The order dated 10.07.2024 is hereby set aside. (iii) The appellant shall appear before Trial Court on 17.12.2025, without causing any notice by the concerned Court. Sd/- (S.RACHAIAH) JUDGE PJ/CT: UMD List No.: 1 Sl No.: 31