- 1 - HC-KAR NC: 2025:KHC-D:14509 CRL.A No. 100164 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100164 OF 2019 (A) BETWEEN: THE MANAGING DIRECTOR, RAITAR SAHAKARI SAKKARE KARKHANE NIYAMIT, RANNANAGAR, TIMMAPUR, TQ. MUDHOL, DISTRICT. BAGALKOT. REPRESENTED BY ITS MANAGING DIRECTOR, RSSKN, MALLIKARJUN S/O. DODDNAIK MALLUR, AGE. 51 YEARS, OCC. MANAGING DIRECTOR RSSKN, R/O. RANNANAGAR, TIMMAPUR VILLAGE, TQ. MUDHOL, DIST. BAGALKOT. …APPELLANT (BY SRI. SRINIVAS B.NAIK, ADVOCATE) AND: BALASAHEB RAMABAHU VAVHALE, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:14509 CRL.A No. 100164 of 2019 AGE. 45 YEARS, OCC. CONTRACTOR, R/O. ASHOLA, AT POST ANJANDOHA, TQ. DHARUR, DISTRICT. BEED, STATE MAHARASHTRA-431122. …RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C., PRAYING TO, SET ASIDE THE ORDER OF DISMISSAL OF COMPLAINT FOR NON PROSECUTION DATED 07.01.2019 IN C.C.NO.1040/2012 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, MUDHOL, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 138 OF N.I. ACT, AND RESTORE THE COMPLAINT ON ITS FILE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.RACHAIAH - 3 - HC-KAR NC: 2025:KHC-D:14509 CRL.A No. 100164 of 2019 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. This criminal appeal under Section 378(4) of the Criminal procedure Code (for short, ‘the Cr.P.C.’) is filed by the complainant challenging the order dated 07.01.2019 passed by the Additional Senior Civil Judge and JMFC, Mudhol1, in C.C.No.1040/2012 dismissing the complaint of the appellant herein for non prosecution. 2. Heard the learned counsel for the parties. 3. The appellant/complainant had filed PCR No.30/2012 before the Trial Court, against the respondent herein. In the said case summons was issued to the respondent. Since respondent had failed to appear before the Trial Court despite of service of summons, non-bailable warrant was issued against him. However, it is alleged that the appellant/complainant had not taken any steps to issue non-bailable warrant to the respondent. Having considered 1 For short, ‘the Trial Court’ - 4 - HC-KAR NC: 2025:KHC-D:14509 CRL.A No. 100164 of 2019 the said aspect, the complaint was dismissed for non prosecution by the trial Court on 07.01.2019. Therefore, complainant is before this Court. 4. Learned counsel for the appellant submits that non-bailable warrant was issued to the respondent for the first time on 15.12.2012, and the order sheet would goes to show that, on multiple occasions, the appellant had taken steps to issue non-bailable warrant. However, the Trial Court without appreciating the said aspect has committed error in dismissing the complaint for non prosecution. 5. It is further submitted that, the respondent is now served in the present appeal. He also submits that, if the complaint is not restored, the complainant would be put to irreparable loss. 6. The appellant has filed complaint for the offence punishable under Section 138 of the N.I.Act. The Trial Court being satisfied that the appellant had made out a prima facie case for issuing summons to the respondent, had directed the registry to register a case against respondent - 5 - HC-KAR NC: 2025:KHC-D:14509 CRL.A No. 100164 of 2019 for the offence punishable under Section 138 of the N.I.Act and had issued summons to the respondent on 29.09.2012. The order sheet of the Trial Court would goes to show that on multiple dates, appellant had taken steps for issuance of non-bailable warrant to the respondent but same had returned unserved. Whereas, notice issued by this Court has been served to the respondent on the very same address. 7. Under these circumstances, I am of the considered opinion that, the appellant is required to be given one more opportunity to take steps for issuance of Non- bailable warrant to the respondent. 8. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed. (ii) The order dated 07.01.2019 passed by the Additional Senior Civil Judge and JMFC, - 6 - HC-KAR NC: 2025:KHC-D:14509 CRL.A No. 100164 of 2019 Mudhol, in C.C.No.1040/2012 is set-aside and complaint is restored to file. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 2 Sl No.: 12