- 1 - NC: 2025:KHC-D:2447 CRL.A No. 100614 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO.100614 OF 2024 (A) BETWEEN: SRI. SHIVASHANTH MULTI PURPOSE CREDIT CO-OP. SOCIETY, AT GAVIMATH ROAD, KOPPAL, R/BY ITS DIRECTOR AND CEO, SRI. GAVISIDDAPPA, S/O. SHIVALINGAPPA NAREGAL, AGE. 55 YEARS, OCC. CEO, R/O. B T PATIL NAGAR, KOPPAL, TQ. DIST. KOPPAL-583231. …APPELLANT (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: SRI. GIRISH S/O. RANGAPPA PUJAR, AGE. 59 YEARS, OCC. BUSINESS, R/O. GAVIMATH ROAD, VADARA ONI, KOPPAL, TQ. DIST. KOPPAL. 583231. …RESPONDENT (BY SRI. VIJAYKUMAR BALAGERIMATH, ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/SEC. 378(4) OF CR.P.C. (U/SEC. 419(4) OF BNSS ACT, SEEKING TO CALL FOR THE RECORDS AND ALLOW THIS CRIMINAL APPEAL BY SETTING ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL DATED 29.04.2024 PASSED IN C.C.NO. 1220/2022 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC KOPPAL, REGISTERED FOR THE OFFENCES P/U/SEC. 138 OF NI ACT AND REMAND THE MATTER BACK TO TRIAL COURT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED 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: 2025.02.13 11:17:37 +0530 - 2 - NC: 2025:KHC-D:2447 CRL.A No. 100614 of 2024 JUDGMENT 1. The appellant filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973, alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. He claimed that the subject cheque, issued towards a legally recoverable debt, was dishonoured upon presentation due to insufficient funds. 2. The learned Magistrate, after taking cognizance of the offence and recording the complainant’s sworn statement, issued summons to the accused. The accused entered an appearance, and the complainant was examined as P.W.1. However, after partial recording of his evidence, the matter was set for further examination-in-chief. Despite several opportunities, the appellant failed to lead further evidence, leading the Trial Court to dismiss the complaint for want of prosecution. 3. Although the appellant was granted sufficient opportunity, he failed to proceed with further examination-in-chief without any valid reason. However, given that the subject cheque was dishonoured for insufficient funds, and considering the monetary loss the complainant would suffer in the event he succeeds, the appellant is entitled to seek restoration of the complaint. Hence, I pass the following: ORDER i) Accordingly, the criminal appeal is allowed. - 3 - NC: 2025:KHC-D:2447 CRL.A No. 100614 of 2024 ii) The order dated 29.04.2024 passed in C.C. No.1220/2022 by the Additional Civil Judge and JMFC, Koppal, dismissing the complaint for non- prosecution and acquitting the accused of the offence punishable under Section 138 of the N.I. Act, is hereby set aside. The private complaint is restored to its file. iii) The appellant and the accused to appear before the Trial Court on 04.03.2025 without waiting for further notice from the Trial Court. iv) This order is subject to condition that the appellant shall pay a sum of Rs.10,000/- to the respondent- accused. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 33