- 1 - HC-KAR NC: 2025:KHC:29220 CRL.A No. 1469/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL APPEAL NO.1469/2022 BETWEEN: MR. TEODORO ASSIS VAZ S/O LATE MANUEL XAVIER VAZ AGED ABOUT 74 YEARS RESIDING AT E.M. PIEDADE P.O.: PIEDADE MADDRAND DIVAR ILLAS, GOA REPRESENTED BY HIS GPA HOLDER MR. PRAVEEN SUNIL PINTO S/O MR. HENRY PINTO R/AT 2/11, KJUMBE, KASHUPATNA BELTHANGADY TALUK. …APPELLANT (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: MR. JAYARAM POOJARY S/O MR. ANNY POOJARY ADULT, RESIDING AT JAYA NILAYA GARDADI VILLAGE BELTHANGADY TALUK. …RESPONDENT (BY SRI. RAKSHITH KUMAR, ADVOCATE) THIS CRL.A. IS FILED U/S. 378(4) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT PASSED IN CRL.RP.NO.154/2019 DATED 18.04.2022 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE AND THE ORDER DATED 19.08.2017 PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, BELTHANGADY, D.K., IN C.C.NO.435/2015 AND THEREBY PUNISH THE ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29220 CRL.A No. 1469/2022 CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL ORAL JUDGMENT Though the matter is listed for admission, with the consent of both side the same is taken up for final disposal. 2. Heard both side. 3. The appellant had filed complaint in PC.No.61/2015 before Additional Civil Judge and JMFC, Belthangady against the respondent to prosecute him for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 on the ground that respondent having issued cheque for Rs.18,00,000/- towards discharge of his liability to the appellant, cheated him in not making arrangement for sufficient funds from his Bank account. 4. The Trial Court on taking cognizance of the offence had registered the same in C.C.No.435/2015. The trial Court by the order dated 19.08.2017 dismissed the complaint for non prosecution on the ground that despite granting sufficient opportunity, complainant did not lead his evidence. The records show that the appellant challenged that order before IV Additional District and Sessions Judge, D.K Mangaluru in Criminal Revision Petition No.154/2019. The said petition came to be dismissed by the order dated 18.04.2022 on the ground - 3 - HC-KAR NC: 2025:KHC:29220 CRL.A No. 1469/2022 that, against the order of acquittal, Criminal Revision Petition does not lie. Then the above appeal is preferred. 5. Learned Counsel for the appellant submits that by the impunged order, complaint is dismissed for non prosecution, the appellant is a senior citizen and he could not appear before the trial Court, he should be given opportunity to establish his case. 6. Learned Counsel for respondent submits that despite giving sufficient opportunity, the appellant/his power of attorney failed to appear before the Court. Therefore, the trial Court was justified in dismissing the complaint for unduly prolonging the same. 7. Admittedly, the case was not decided by the trial Court on merits. As on the date of complaint i.e., on 15.07.2015, the appellant was aged 66 years and he was a resident of Goa. Therefore, he had given power of attorney to some other person. Further the records show that on wrong advice, the appellant resorted to file Criminal Revision Petition before the Sessions Court. 8. Considering the age of the appellant and aforesaid facts and circumstances, it would be in the interest of justice to - 4 - HC-KAR NC: 2025:KHC:29220 CRL.A No. 1469/2022 provide him a fair opportunity subject to terms. Hence, the following: ORDER The appeal is allowed on payment of cost of Rs.5,000/- payable by the complainant to the respondent/accused. (i) The impugned order dated 19.08.2017 in CC No.435/2015 on the file of Additional Civil Judge and JMFC, Belthangady is hereby set aside. (ii) The matter is remanded to the trial Court for fresh consideration. (iii) Complainant and accused shall appear before the trial Court on 28.08.2025 without further notice. (iv) The appellant shall pay/deposit the cost before the trial Court on the date of his appearance. (v) The trial Court shall give reasonable opportunity to both the parties and dispose of the matter as expeditiously as possible. Sd/- (K.S.MUDAGAL) JUDGE PKN List No.: 1 Sl No.: 9