- 1 - NC: 2025:KHC-D:1705 CRL.A No. 100246 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100246 OF 2024 (A) BETWEEN: THE GANGAVATHI SOUHARDHA PATTINA SAHAKARI NIYAMITA, GANGAVATI, THROUGH ITS MANAGER /CHIEF EXECUTIVE OFFICER, SHRI. MAHABALESHWAR, S/O. KARIBASAPPA PATTANSETTY, AGE. 49 YEARS, R/O. GANGAVATHI- 583201. …APPELLANT (BY SRI. B.SHARANABASAWA, ADVOCATE) AND: MOULASAB VAGGARANI S/O. IMAMSAB VAGGARANI AGE. MAJOR, OCC. BUSINESS, R/O. RUKSHANA HOTEL, KANAKAGIRI ROAD, GANGAVATHI, TQ. GANGAVATHI-583201. …RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS CRIMINAL APPEAL IS FILED U/S 378 (4) OF CR.P.C., SEEKING TO, ALLOW THE CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER DATED 21.11.2023, PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, GANGAVATHI AND TO RESTORE CC NO.104/2023 TO ITS ORIGINAL STAGE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 13:32:22 +0530 - 2 - NC: 2025:KHC-D:1705 CRL.A No. 100246 of 2024 ORAL JUDGMENT 1. The appellant filed a private complaint under Section 200 of the Criminal Procedure Code (for short, ‘Cr.P.C.’) for the offence punishable under Section 138 of the Negotiable Instruments Act (for short, ‘N.I. Act’), alleging that the subject cheque was issued towards a legally enforceable debt. However, when presented for encashment, it was dishonored due to insufficient funds. The learned trial Court took cognizance of the offence and issued summons to the accused. 2. Despite the service of summons, the accused failed to appear before the trial Court. Consequently, the trial Court issued a non-bailable warrant, which, however, was not executed. Meanwhile, the complaint was transferred to the Senior Civil Judge and JMFC, Gangavathi. The petitioner contends that he was unaware of the transfer of the complaint. As a result, he did not appear before the Senior Civil Judge and JMFC, Gangavathi when the matter was listed before the Court. 3. The petitioner asserts that his non-appearance before the learned Senior Civil Judge was due to a bona fide reason and not willful negligence. If the appellant succeeds in the trial, he will suffer monetary loss due to the dismissal of the complaint. On the other hand, no prejudice would be caused to the accused if the complaint is restored. Therefore, in the interest of justice, the complaint deserves to be restored for adjudication on merits. Accordingly, I pass the following: - 3 - NC: 2025:KHC-D:1705 CRL.A No. 100246 of 2024 ORDER i) The appeal is allowed. ii) The impugned order dated 21.11.2023 passed by the learned Senior Civil Judge and JMFC, Ganagavathi, is hereby quashed. iii) Complaint is restore to its file. iv) It is made clear that in the event the appellant remains absent when he summoned, learned Senior Civil Judge and JMFC, Gangavathi, to proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 10