- 1 - NC: 2025:KHC-D:5119 CRL.A No. 100411 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL APPEAL NO.100411 OF 2024 BETWEEN: MANJUNATH S/O. BASAPPA RAMANAKATTI, AGE:34 YEARS, OCC: PRIVATE SERVICE, R/O: 460/27, KHB COLONY ROAD, ASHRAYA COLONY, SATTUR, DHARWAD – 580003. …APPELLANT (BY SRI. HAREESHA S. NAYAK AND SRI. G.H.NAIK, ADVOCATES) AND: MANJUNATH S/O. FAKKIRAPPA WASAMBI, AGE: 48 YEARS, OCC: BUSINESS, R/O:12TH WARD, JANATA PLOT, HEBBALLI VILLAGE, TQ AND DIST: DHARWAD – 580004. …RESPONDENT (RESPONDENT IS SERVED BUT UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CODE OF CRIMINAL PROCEDURE (419(4) OF BNSS), SEEKING TO SET ASIDE THE ORDER PASSED BY THE TRIAL COURT IN C.C.NO.2650/2023 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT, ON THE FILE OF I ADDL. SR. CIVIL JUDGE AND CJM, DHARWAD DISMISSING THE COMPLAINT FOR DEFAULT/ NON PROSECUTION VIDE ORDER DATED 24.06.2024 AND TO RESTORE THE COMPLAINT ON ITS ORIGINAL FILE IN THE ENDS OF JUSTICE. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5119 CRL.A No. 100411 of 2024 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 24.06.2024 passed in C.C.No.2650/2023 by I Additional Senior Civil Judge and CJM, Dharwad, whereunder, the complaint has been dismissed for default/non-prosecution. 2. The appellant/complainant has initiated proceedings against the respondent/accused for offence punishable under Section 138 of N.I. Act and it was pending in C.C.No. 2650/2023 on the file of I Additional Senior Civil Judge and CJM, Dharwad. In the said case, the respondent/accused appeared. Thereafter, the matter was being adjourned from time to time for settlement. In the meantime, the accused remained absent and trial Court ordered for issuance of NBW against the respondent/accused. The said NBW issued against the respondent/accused has been returned unexecuted. - 3 - NC: 2025:KHC-D:5119 CRL.A No. 100411 of 2024 Thereafter, the trial Court has issued NBW on 23.02.2024 and directed the complainant to assist for executing NBW and case came to be posted on 24.06.2024. On 24.06.2024, the NBW issued against respondent/accused has not been returned. The trial Court noting the absence of the complainant, has dismissed the complaint for default/non-prosecution. The said order has been challenged in this appeal by the complainant. 3. Heard learned counsel for the appellant. Inspite of service of notice, respondent/accused remained absent and unrepresented. 4. Learned counsel for appellant would contend that when the matter was being adjourned from time to time for settlement of the matter, the accused remained absent and NBW came to be issued against him. He submits that NBW has not been executed and complainant was in the process of collecting correct address of the accused. The complainant was absent only on one date i.e., the date of impugned order. The trial Court without - 4 - NC: 2025:KHC-D:5119 CRL.A No. 100411 of 2024 giving sufficient opportunity, has dismissed the complaint. With this, he prayed for allowing the appeal. 5. Having heard learned counsel, the Court has perused the impugned order and other materials placed on record. 6. The cheque involved in the case has stated to have been issued by the respondent/accused for Rs.3,75,000/-. The accused appeared in criminal case. The accused remained absent when the matter came to be adjourned for settlement. The NBW issued against respondent/accused has been returned unexecuted. It is stated that the complainant was in the process of securing correct address of the accused and at that time, noting the absence of the complainant, the learned trial Judge has passed the impugned order dismissing the complaint for default/non-prosecution. Considering the cheque amount, the learned trial Judge ought to have given sufficient opportunity for taking steps. Considering the said aspect, - 5 - NC: 2025:KHC-D:5119 CRL.A No. 100411 of 2024 the appellant/complainant has made out ground for setting aside impugned order and restoration of case. 7. In the result, the following: ORDER i. The appeal is allowed. ii. The impugned order dated 24.06.2024 passed in C.C.No.2650/2023 by I Addl. Senior Civil Judge and CJM, Dharwad is set aside. iii. The Criminal case in C.C.No.2650/2023 is ordered to be restored. iv. The appellant/complainant is directed to appear before the trial Court on 07.04.2025 without anticipating any Court notice. SD/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM/CT-ASC List No.: 1 Sl No.: 29