- 1 - NC: 2025:KHC-D:469 CRL.A No. 100519 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100519 OF 2023 (A) BETWEEN: SRI. DR. ABDULKHADAR S/O. MAHABOOBSAB SOUDAGAR, AGE. 51 YEARS, OCC. PRIVATE DOCTOR, R/O. SUBHASH CIRCLE, BYADGI, TQ. BYADGI, DIST. HAVERI-581106. …APPELLANT (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: SRI. ISMAIL JABIMUTTUBAI S/O. KHADARGOUSE MUTTUBAI, AGE. MAJOR, OCC. MEDICAL REPRESENTATIVE, R/O. KHAJIKHAN MOHALLA, TQ. SHIGGOAN, DIST. HAVERI-581205. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS CRIMINAL APPEAL IS FILED U/SEC. 378(4) OF CR.P.C. SEEKING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 04.09.2023 PASSED IN CC NO. 367/2019 ON THE FILE OF CIVIL JUDGE AND JMFC, BYADGI, AND CONSEQUENTLY RESTORE THE CC NO.367/2019. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.16 05:30:51 +0530 - 2 - NC: 2025:KHC-D:469 CRL.A No. 100519 of 2023 ORAL ORDER 1. IA No. 1/2023 has been filed for special leave. Accepting the reasons provided in the accompanying affidavit, IA No. 1/2023 is allowed. The appellant is permitted to proceed with the appeal. 2. The appellant filed a private complaint under Section 200 of the Criminal Procedure Code, 1973 (Cr.P.C.) for offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881. The complaint alleges that the cheque issued by the accused, for a legally recoverable debt, was returned for insufficient funds when presented for realization. The learned Magistrate, after recording the sworn statement of the complainant, issued summons to the accused for the aforementioned offences. 3. The accused appeared before the trial Court, and due to the Covid-19 pandemic, the complaint was adjourned multiple times. On 22.07.2021, both the complainant and the accused were absent, and a non-bailable warrant (NBW) was issued against the accused, subject to payment of process fees. The accused remained absent thereafter, and the complainant had to take necessary steps to issue the notice for the NBW. However, the appellant/complainant failed to take steps to pay the process fee for the issuance of the NBW and remained absent on several occasions. Consequently, the complaint was dismissed for want of prosecution on 04.09.2023. - 3 - NC: 2025:KHC-D:469 CRL.A No. 100519 of 2023 4. Although the respondent/accused was served with notice, he has not appeared in person or through his counsel. 5. I have heard the learned counsel for the appellant. 6. A review of the order sheet of the trial Court indicates that the accused had appeared before the trial Court, and due to the Covid-19 pandemic, the complaint was adjourned multiple times. When the accused remained absent, the trial Court issued an NBW, subject to the payment of the process fee. However, the appellant failed to take the necessary steps to pay the process fee, which led to the dismissal of the complaint. 7. The complainant, a doctor by profession, states that due to preoccupation with treating patients, he could not appear before the trial Court to take steps for the issuance of the NBW by paying the process fee. If the complaint is restored, no prejudice would be caused to the accused. On the contrary, the appellant would suffer monetary loss if the complaint is not reinstated and he succeeds in his claim. 8. Accordingly, I proceed to pass the following: ORDER a) The appeal is allowed. b) The impugned order dated 4.9.2023 passed in CC No.367/2019 on the file of learned Civil Judge and JMFC, Byadgi is hereby set-aside. Consequently, the complaint is restored to its file. - 4 - NC: 2025:KHC-D:469 CRL.A No. 100519 of 2023 c) The complainant, to take steps for issuance of notice/NBW against the accused and in the event, the appellant fails to take steps, the trial Court shall proceed with the complaint in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR List No.: 1 Sl No.: 71