- 1 - NC: 2025:KHC-D:66 CRL.A No. 100611 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL APPEAL NO. 100611 OF 2024 (A) BETWEEN: VIVEKANAND MULTIPURPOSE SOUHARD CO-OP SOCIETY LTD. R/AT: “MAHALAXMI APARTMENTS”, 103, FIRST FLOOR, CTS 3340 AND 3340/2, COLLEGE ROAD, BELAGAVI-590 001. REP. BY ITS RECOVERY OFFICER, SHRI. VILAS S. S/O GOVIND PEDNEKAR, AGE: 37 YEARS, OCC: RECOVERY OFFICER. … APPELLANT (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: SHRI. SUNIL HANMANT TOMBRE, AGE: MAJOR, OCC: BUSINESS, R/AT: H.NO. 400/A, MARUTI GALLI, KHASBAG, BELAGAVI-590 003. … RESPONDENT (RESPONDENT SERVED BUT UNREPRESENTED) THIS CRIMINAL APPEAL IS FILED U/SEC. 378(4) OF CR.P.C. (U/SEC. 419(4) OF BNSS ACT, 2023, PRAYING TO SET ASIDE THE ORDER DATED 25.06.2024 PASSED IN CC NO.764/2022 BY THE JMFC V COURT, AT BELAGAVI FOR OFFENCES P/U/SEC. 138 OF N.I. ACT, 1881 IN DISMISSING THE CASE FOR NON-PROSECUTION AND SUBSEQUENTLY DIRECT THE JMFC-V COURT, AT BELAGAVI TO DISPOSE OF CASE ON MERITS AFTER GIVING PROPER OPPORTUNITY TO THE APPELLANT, IN THE INTEREST OF JUSTICE. THIS APPEAL IS COMING ON FOR FURTHER 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: 2025.01.21 09:48:45 +0530 - 2 - NC: 2025:KHC-D:66 CRL.A No. 100611 of 2024 ORAL JUDGMENT 1. The appellant/Society filed a complaint under Section 200 of the Cr.P.C. against the accused for an offence punishable under Section 138 of the Negotiable Instruments Act (NI Act). It was alleged that the accused had borrowed a loan, and in discharge of the said loan, issued a cheque in favor of the appellant. However, when the cheque was presented for realization, it was dishonored due to insufficient funds. The learned Magistrate, after recording the sworn statement of the complainant, took cognizance of the aforesaid offence. 2. The accused appeared before the trial court. However, from 20.07.2023 to 25.06.2024, the complainant and their counsel remained absent, prompting the trial court to dismiss the complaint for want of prosecution. 3. Despite being served with notice, the accused has not chosen to appear either in person or through counsel. 4. Heard the learned counsel for the appellant and perused the appeal papers. 5. A perusal of the trial court’s order sheet indicates that the complainant remained absent from 20.07.2023 until the passing of the impugned order on 25.06.2024. The complainant explains that the absence was due to a change in the representative of the Society. The cheque was allegedly issued towards repayment of the loan amount, and if the complaint is not restored, the - 3 - NC: 2025:KHC-D:66 CRL.A No. 100611 of 2024 appellant/Society would suffer irreparable loss and hardship if the Society ultimately succeeds in the complaint. On the other hand, no prejudice will be caused to the accused if the complaint is restored to its file and disposed of on merits. 6. Accordingly, the appeal is allowed. The impugned order dated 25.06.2024, passed by the learned JMFC-V, Belagavi, in CC No.764/2022, for the offence punishable under Section 138 of the NI Act, is hereby set aside. The complaint is restored to its file, subject to the appellant paying costs of Rs.10,000/- to the accused on or before the next date of hearing before the trial court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK LIST NO.: 1 SL NO.: 47