- 1 - HC-KAR NC: 2025:KHC:51827 CRL.A No. 1454 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1454 OF 2022 BETWEEN: MR TEODORO ASSIS VAZ S/O LATE MANUEL XAVIER VAZ AGED ABOUT 74 YEARS R/A E.M. PEIDADE PO PIEDADE MADDRAND DIVAR ILLAS, GOA REP. BY HIS GPA HOLDER MR PRAVEEN SUNIL PINTO S/O MR HENRY PINTO R/A 2/11, KJUMBE, KASHUPATNA BELTHANGADY TALUK-574236. …APPELLANT (BY SRI. K SHASHIKANTH PRASAD., ADVOCATE) AND: MR JAYARAM POOJARY S/O MR ANNY POOJARY ADULT R/A JAYA NILAYA GARDADI VILLAGE BELTHANGADY TALUK-574214. …RESPONDENT (RESPONDENT IS SERVED) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51827 CRL.A No. 1454 of 2022 THIS CRL.A IS FILED U/S.378(4) CR.P.C BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT PASSED IN CRL.RP.NO.155/2019 DATED 18.04.2022 ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU AND ORDER DATED 19.08.2017 PASSED BY THE COURT OF THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., BELTHANGADY, D.K., IN C.C.NO.434/2015 AND THEREBY PUNISH THE ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant/complainant has preferred this appeal against the order dated 18.04.2022 in Criminal Revision Petition No.155/2019 passed by the IV Additional District and Sessions Judge, Dakshina Kannada District, Mangaluru, dismissing the Criminal Revision Petition filed by the appellant, and the order dated 19.08.2017 in C.C.No.434/2015 passed by the Additional Civil Judge and JMFC., Belthangady, D.K, whereby the Trial Court has dismissed the criminal case for non-prosecution. - 3 - HC-KAR NC: 2025:KHC:51827 CRL.A No. 1454 of 2022 2. The appellant/complainant had filed a private complaint under Section 200 of Cr.P.C. read with Section 138 of the Negotiable Instruments Act, 1881, as against the accused, in P.C.No.60/2015. After taking cognizance, the Trial Court has registered the criminal case in C.C.No.434/2015 and thereafter, summons was issued to the accused. The accused appeared before the Trial Court and was enlarged on bail. When the case was posted for evidence on 19.08.2017, the complainant remained absent. Hence, the Trial Court has passed the following: ORDER "Case is called twice, the accused and his counsel are present, complainant and his counsel remain absent. On perusal of the order sheet, number of opportunities have been given to lead complainant's evidence, though it is a N.I.Act, case and it is known for summary trial, the complainant failed to lead his side of evidence to substantiate complaint averments, but complainant has not turned up and remained absent on many occasions hence complainant is not showing interest to proceed with the case. Therefore, complaint is dismissed for non-prosecution. - 4 - HC-KAR NC: 2025:KHC:51827 CRL.A No. 1454 of 2022 Consequently, the accused is discharged for the offence punishable under Section 138 of N.I.Act and his bail bond and surety bond stands canceled." 3. Being aggrieved by the said order, the appellant has preferred a criminal revision petition before the District and Sessions Judge, in Crl.R.P.No.155/2019. The same came to be dismissed vide order dated 18.04.2022. Hence, the appellant is before this Court in this criminal appeal. 4. In the case on hand, despite service of notice, the respondent/accused remained absent and unrepresented. 5. Learned Counsel for the appellant would submit that the due to ill-health the complainant could not appear before the Trial Court and was not able to lead evidence. Therefore, an opportunity may be granted to the appellant to lead his evidence. Hence, it is prayed to allow the appeal. 6. I have examined the materials placed before this Court. - 5 - HC-KAR NC: 2025:KHC:51827 CRL.A No. 1454 of 2022 7. On a perusal of the impugned order and considering the facts and circumstances of the case, this Court is of the considered opinion that it is just and proper to give one more opportunity to the complainant/appellant to adduce his evidence. 8. Accordingly, I proceed to pass the following: ORDER (i) The Criminal Appeal is allowed. (ii) The order dated 18.04.2022 in Criminal Revision Petition No.155/2019 passed by the IV Additional District and Sessions Judge, Dakshina Kannada District, Mangaluru, and the order dated 19.08.2017 passed by the Additional Civil Judge and JMFC., Belthangady, in C.C.No.434/2015, are set aside. (iii) The criminal case in C.C.No.434/2015 shall be restored to its original file. - 6 - HC-KAR NC: 2025:KHC:51827 CRL.A No. 1454 of 2022 (iv) The appellant is directed to appear before the Trial Court without seeking any further notice from the said Court on 19.01.2026. (v) After appearance of the appellant/ complainant, the Trial Court is directed to secure the presence of the accused and proceed with the case in accordance with law. (vi) The Trial Court shall provide an opportunity to the appellant/complainant to adduce evidence. Registry is directed to send Trial Court Records along with a copy of this order to the concerned Trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE DL CT: JL