- 1 - HC-KAR NC: 2025:KHC-D:12920 CRL.A No. 100486 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL APPEAL NO. 100486 OF 2025 (A) BETWEEN: SHRI. SOMNATH S/O. YALLAPPA KATAWE, AGED ABOUT 64 YEARS, OCC. BUSINESS, R/O. FLAT NO.203, KRISHNA APARTMENT, CLUB ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 020. … APPELLANT (BY SRI. SHAKTIPRASAD AKKI, ADVOCATE) AND: SRI. MANJUNATH GUNJAL, AGED ABOUT 54 YEARS, OCC. PRIVATE SERVICE, C/O. SAMYUKTA KARNATAKA PRESS, H.NO.1-1165-13, ‘GOKUL NIVAS’, OPP. DR. ARATI SHARMA HOSPITAL, AIWAN-E-SHAHI AREA, GULBARGA. … RESPONDENT (RESPONDENT SERVED) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. (UNDER SECTION 419(4) OF BNSS), PRAYING TO ALLOW THE CRIMINAL APPEAL AND SET ASIDE THE ORDER OF DISMISSAL OF THE COMPLAINT AND ACQUITTAL RESPONDENT/ACCUSED FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, DATED 20/06/2025 PASSED BY THE LEARNED J.M.F.C., 1ST COURT HUBBALLI IN CRIMINAL CASE NO.7/2022 AND REMAND THE MATTER BACK TO TRIAL COURT FOR DE NOVA TRIAL. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12920 CRL.A No. 100486 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Appellant is before this Court under Section 378(4) of Cr.P.C. with a prayer to set aside the order dated 20.06.2025 passed by the Court of JMFC-I, Hubballi in C.C.No.7 of 2022 dismissing his complaint for non- prosecution. 2. Heard learned counsel for the appellant. The respondent who is served in the matter has remained unrepresented before this Court. 3. Appellant/complainant had filed PCR No.210/2021, against the respondent, for offence punishable under Section 138 of the Negotiable Instruments Act. The trial Court, after recording the sworn statement of the complainant, had issued summons to the respondent/accused. The order sheet of the trial Court dated 16.08.2023 would reflect that respondent had not claimed the summons issued to him and therefore the trial Court had issued non-bailable warrant against the - 3 - HC-KAR NC: 2025:KHC-D:12920 CRL.A No. 100486 of 2025 respondent. Thereafter, steps were taken on behalf of the complainant for issuing non-bailable warrant to the accused, but the non-bailable warrant could not be executed. Therefore, the trial Court had re-issued non- bailable warrant on 18.02.2025 and also on 25.04.2025. When the matter was called before the trial Court on 20.06.2025 since the complainant and the learned counsel for the complainant were absent, the complaint was dismissed for non-prosecution. 4. Perusal of the order sheet would go to show that complainant was diligently prosecuting his complaint and the respondent/accused had refused to receive the summons and therefore non-bailable warrant was issued against him. Steps were taken on behalf of the complainant even to re-issue non-bailable warrant, but non-bailable warrant could not be executed against the respondent. Therefore, I am of the opinion that trial Court was not justified in dismissing the complaint for non-prosecution, vide the order impugned. If the said order is set aside and - 4 - HC-KAR NC: 2025:KHC-D:12920 CRL.A No. 100486 of 2025 the complainant is given an opportunity to prosecute his complaint on merits, no hardship would be caused to the other side and on the other hand, complainant would be put to untold hardship if the complaint is not restored to file. Accordingly the following: ORDER i. Criminal Appeal is allowed. ii. The order dated 20.06.2025 passed by the Court of JMFC-I, Hubballi in C.C.No.7 of 2022 dismissing the complaint for non-prosecution is set aside and the complaint is restored to file. iii. The trial Court is directed to proceed further in accordance with law. iv. Pending IAs., if any, do not survive for consideration. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, KGK CT:BCK LIST NO.: 1 SL NO.: 9