- 1 - NC: 2025:KHC:8349 CRL.A No. 1784 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL No. 1784 OF 2022 BETWEEN: SRI RAMANJINAIAH S/O PILLA HANUMANTHAPPA AGED ABOUT 50 YEARS R/AT No. KONDEHALLI VILLAGE NANDI HOBLI CHIKKABALLAPUR TALUK AND DISTRICT. …APPELLANT (BY SRI MANJUNATH M.R, ADVOCATE) AND: SRI VENKATESHAPPA S/O DODDA PILLAPPA AGED ABOUT 41 YEARS R/AT No. KONDEHALLI VILLAGE NANDI HOBLI CHIKKA BALLAPUR TALUK AND DISTRICT …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS CRL.A. IS FILED UNDER SECTION 378(4) OF Cr.P.C S PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED II ADDL. CIVIL JUDGE AND JMFC, CHIKKABALLAPUR IN ITS C.C.No.127/2018 DATED 23.04.2019 AND TO RESTORE THE SAID CASE AND TO DIRECT THE TRIAL COURT TO PROCEED WITH ACCORDANCE WITH LAW AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED III ADDL. DISTRICT AND SESSION JUDGE, CHIKKABALLAPUR IN ITS CRL R.P. No.45/2019 DATED 17.08.2020. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8349 CRL.A No. 1784 of 2022 THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the complainant praying to set aside the impugned order dated 23.04.2019 passed in C.C. No. 127/2018 by the II Additional Civil Judge and JMFC, Chikkaballapur whereunder case of the complainant has been dismissed for non-prosecution. 2. Heard learned counsel for appellant. Inspite of service of notice, respondent remained absent and unrepresented. 3. The appellant – complainant has initiated proceedings against the respondent - accused for offence under Section 138 of Negotiable Instruments Act (hereinafter for the sake of brevity referred to as the `N.I. Act’) and it was pending in C.C. No. 127/2018 on the file of II Additional Civil Judge and JMFC, Chikkaballapur. Said case was posted on 23.04.2019 for taking steps for issuance of summons to the respondent – accused. On - 3 - NC: 2025:KHC:8349 CRL.A No. 1784 of 2022 that day, noting the absence of complainant, learned Magistrate has dismissed the case for non-prosecution. Said order has been challenged by the complainant in this appeal. 4. Learned counsel for appellant – complainant would contend that the complainant was unwell and he was taking treatment in Ayurvedic Hospital in Shidlaghatta Town of Chikkaballapur District and therefore he could not appear before the trial Court on the date of impugned order. Non-appearance of complainant on the date of impugned order is for bona fide reasons. With this he prayed to allow the appeal and restore C.C. No. 127/2018. 5. Having heard the learned counsel for appellant this Court has perused the impugned order and other materials placed on record. 6. The appellant is the complainant and respondent is the accused. A case has been registered against the respondent - accused for offence under Section 138 of N.I. Act in C.C. No. 127/2018 pending on the file of II Additional Civil Judge and JMFC, Chikkaballapur. Said - 4 - NC: 2025:KHC:8349 CRL.A No. 1784 of 2022 case has been registered on the basis of the complaint filed by the appellant – complainant for offence under Section 138 of N.I. Act. Said case was listed on 23.04.2019 for taking steps for issuance of summons to the respondent - accused. On that day, the complainant was absent and steps were not taken. Noting the same, learned Magistrate has dismissed the case for non- prosecution. The appellant has stated in ground No. 3 of the appeal memo that appellant was unwell and he was taking treatment at an Ayurvedic Hospital in Shidlaghatta town of Chikkaballapur District and therefore, he could not appear before the trial Court on 23.04.2019 for taking steps. Absence of the complainant on the date of passing of the impugned order is for bona fide reasons. 7. In the instant case cheque dishonoured has been drawn for a sum of Rs.1,00,000/-. Considering the said aspect, the appellant has made out grounds for setting aside the impugned order and restoration of criminal case. 8. In the result, the following; - 5 - NC: 2025:KHC:8349 CRL.A No. 1784 of 2022 O R D E R i. Appeal is allowed. ii. The impugned order dated 23.04.2019 passed in C.C. No. 127/2018 by the II Additional Civil Judge and JMFC, Chikkaballapur is set aside. iii. C.C. No. 127/2018 is ordered to be restored. iv. The appellant – complainant is directed to appear before the trial Court on 28.03.2025 without anticipating any Court notice. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 32