- 1 - NC: 2025:KHC-D:4678 CRL.A No. 100255 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100255 OF 2023 BETWEEN: THE MANAGING DIRECTOR, KRISHNA SAHAKARI SAKKARE KARKHANE NIYAMI., ATHANI, REPRESENTED BY ITS AUTHORISED PERSON BASAPPA S/O. SADASHIV HALIMANI, AGE ABOUT 43, OCC: SERVICE, R/O: ATHANI, DIST: BELAGAVI. …APPELLANT (BY SMT. SANJANA S. MUDHOL, ADVOCATE APPEARED FOR SRI SHIVARAJ P. MUDHOL, SRI ANAND BAGEWADI AND SRI SHIVANAND S. MALASHETTI, ADVOCATES) AND: SRI ANNARAY S/O. RACHAGOUDA BIRADAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: KOHALLI, TQ: ATHANI, DIST: BELAGAVI – 590 012. …RESPONDENT (BY SMT. VANAMALA A. MOTE AND SMT. CHITRA GOUNDALKAR, ADVOCATES) THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.PC., SEEKING TO CALL FOR RECORDS AND TO SET ASIDE THE IMPUGNED ORDER DATED 30.03.2023 IN CC NO. 792/2015 PASSED BY THE I ADDITIONAL CIVIL JUDGE AND JMFC COURT ATHANI AND TO RESTORE THE CC NO. 792/2023 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC ATHANI AND TO PERMIT THE APPELLANT TO BE PRESENT BEFORE THE COURT OF CROSS EXAMINATION THERE AFTER DECIDE THE CASE ON MERITS BY ALLOWING THIS CRIMINAL APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4678 CRL.A No. 100255 of 2023 THIS CRIMINAL APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant -complainant praying to set aside the order dated 30.03.2023 passed in C.C.No.792/2015 by the I Additional Civil Judge and JMFC, Athani and restoration of Criminal Case No.792/2015. 2. The appellant –complainant initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881 and it was pending in C.C.No.792/2015 on file of the I Additional Civil Judge and JMFC, Athani. In the said case, the respondent –accused has been convicted by the trial Court by order dated 23.07.2019. The respondent –accused has filed appeal challenging the said order of conviction in Criminal Appeal No. 261/2019 before the VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi. The said appeal came to be allowed and the matter came to be remanded back to the trial Court to give one more - 3 - NC: 2025:KHC-D:4678 CRL.A No. 100255 of 2023 opportunity to cross examine P.W.1. Thereafter, the Criminal Case was restored. The said Criminal Case listed for cross examination of P.W.1. On 30.3.2023 noting the absence of the complainant –P.W.1, the learned Magistrate invoking powers under Section 256 of Cr.P.C has acquitted the respondent –accused in view of non appearance of the complainant. The said order is challenged in this appeal by the complainant. 3. Heard learned counsel for the appellant. Learned counsel for the respondent is absent. 4. Learned counsel for the appellant –complainant would contend that counsel for the complainant is not intimated the dates of hearing of the case to the complainant due to bonafide mistake. She further submits that as absence of the appellant –complainant on the date of the impugned order is not for malafide reasons but it is for bonafide reasons. With these, she prayed to allow the appeal and restoration of the Criminal Case. - 4 - NC: 2025:KHC-D:4678 CRL.A No. 100255 of 2023 5. Having heard learned counsels, this Court has perused the impugned order and other materials placed on record. 6. After the Criminal Case is remanded back to the trial Court by the Appellate Court, the case has been restored and it has been listed for cross examination of P.W.1. P.W.1 remained absent on 07.02.2023, 02.03.2023 and 30.03.2023. On 30.03.2023 noting absence of the complainant –P.W.1, the learned Magistrate has acquitted the respondent –accused. 7. The appellant –complainant has put forth reasons that the appellant –complainant was not intimated dates of hearing of the case and therefore, the appellant – complainant would not be present on dates of hearing of the Criminal Case. The absence of the appellant – complainant is for bonafide reasons. The appellant has made out grounds for setting aside the impugned order and restoration of Criminal Case. - 5 - NC: 2025:KHC-D:4678 CRL.A No. 100255 of 2023 8. In the result, the following ORDER i) The appeal is allowed. ii) The impugned order dated 30.03.2023 passed in C.C.No.792/2015 by the I Additional Civil Judge and JMFC, Athani is set aside. The Criminal Case No.792/2015 is ordered to be restored. iii) The appellant –complainant is directed to appear before the trial Court on 02.04.2025 without anticipating any Court notice. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 28