- 1 - HC-KAR NC: 2025:KHC-D:14410 CRL.A No. 100597 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL APPEAL NO.100597 OF 2025 (A) BETWEEN: SHIVALINGESHWAR ENTERPRISES REPRESENTED BY ITS MANAGER AND POA HOLDER, SHRI. RAMU S/O. SHIVALINGAPPA GHATAGI, AGE. 45 YEARS, OCC. MANAGER, KODACHI ROAD, JAMKHANDI, TQ. JAMKHANDI, DIST. BAGALKOT-587301. …APPELLANT (BY SRI. HARISH S.MAIGUR, ADVOCATE) AND: SHRI. DUNDAPPA S/O ALGOUDA BIRADAR, AGE. 41 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. TUBACHI VILLAGE, TQ. JAMKHANDI, DIST. BAGALKOT-587119. …RESPONDENT (BY SRI. MRUTYUNJAY TATA BANGI, ADVOCATE) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378 (4) OF CR.P.C. (419 (4) OF BNSS), PRAYING TO, SET ASIDE THE ORDER OF DISMISSING THE PRIVATE COMPLAINT FOR NON- PROSECUTION IN P.C. NO.51/2024, DATED 04.03.2025 PASSED BY THE PRL. CIVIL JUDGE AND J.M.F.C., JAMKHANDI, FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT, BY ALLOWING THIS APPEAL TO MEET THE ENDS OF JUSTICE. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14410 CRL.A No. 100597 of 2025 THIS CRIMINAL APPEAL, COMING ON FOR FURTHER ORDER, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. Learned High Court Government Pleader is directed to take notice for respondent No.1-State. 2. Heard on I.A.Nos.1/2025 and 2/2025. 3. Perused the affidavit accompanying the application. Being satisfied with the averments made in the affidavit, I.A.No.1/2025 is allowed. Delay of 126 days in filing the appeal is condoned. 4. I.A.No.2/2025 is filed for granting leave to defend the appeal. 5. On perusal of the averments made in the said application, being satisfied, I.A.No.2/2025 is allowed. Leave granted as prayed. - 3 - HC-KAR NC: 2025:KHC-D:14410 CRL.A No. 100597 of 2025 6. This appeal is filed by the appellant being aggrieved by the order dated 04.03.2025 passed in P.C. No.51/2024 by the Principal Civil Judge and JMFC, Jamkhandi1, wherein, the Trial Court dismissed the complaint for non prosecution. 7. The contention of the learned counsel for the appellant is that, the Trial Court rejected the petition at the stage of recording the sworn statement. In fact, the complainant was suffering from jaundice and he was taking treatment at Dalawayi Hospital, Savalagi. The complainant had no intention to drag the matter. 8. It is further submitted that the complainant is having a good case on merit, in case, if the order is not set aside, greater hardship would be caused to the appellant. On the other hand, no prejudice would be caused to the other side. 1 For short, ‘the Trial Court’ - 4 - HC-KAR NC: 2025:KHC-D:14410 CRL.A No. 100597 of 2025 9. Having heard the learned counsel for the appellant and also perused the order sheet of the Trial Court, it appears that, the complainant remained absent on several occasions, subsequently, the Trial Court disposed off the matter for non prosecution. 10. Be that as it may, on perusal of the medical certificate produced by the appellant, I am of the considered opinion that one more opportunity is required for him to prosecute the case. 11. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed on the payment of costs of Rs.5,000/- payable to the Karnataka State Legal services Authority, High Court of Karnataka. - 5 - HC-KAR NC: 2025:KHC-D:14410 CRL.A No. 100597 of 2025 (ii) The order dated 04.03.2025 passed in P.C. No.51/2024 by the Principal Civil Judge and JMFC, Jamkhandi, is hereby set aside. (iii) The Trial Court is directed to restore the file and place it before the jurisdictional Magistrate. (iv) The learned Magistrate is directed to proceed with the case from the stage where it was stopped. (v) The appellant is directed to appear before the Trial Court on 12.11.2025, for the purpose of recording the sworn statement. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 2 Sl No.: 22