IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2596 OF 2016 BETWEEN:
B.T. VEERA MANJUNATH S/O B.V. THAMMAIAH AGED ABOUT 51 YEARS R/O # 4 RAJATHA NILAYA 2ND FLOOR, S.R. LANE NEW BEL ROAD, RMV 2ND STAGE BENGALURU – 560 094.
(BY SRI. R. B. DESHPANDE, ADV.,) AND:
SRI. A. HARI S/O ARMUGAM AGED ABOUT 49 YEARS R/O NO.34, 2ND CROSS BADRAPPA LAYOUT NAGASHETTYHALLI BENGALURU – 560 094.
…PETITIONER ... RESPONDENT (VIDE ORDER DATED 30.05.2019 NOTICE TO RESPONDENT IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH ORDER DATED 19.02.2016 PASSED BY THE XIII A.C.M.M., BENGALURU IN C.C.NO.9340 OF 2011 AND FURTHER BE PLEASED TO RESTORE THE COMPLAINT ON THE FILE OF XIII A.C.M.M., BENGALURU IN C.C.NO.9340 OF 2011.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Having regard to the relief claimed in the petition, notice to the respondents is dispensed with.
2. The only grievance raised by the petitioner is that the complaint filed by him under Section 200 Cr.P.C., is dismissed by the trial Court for non-prosecution by order dated 19.02.2016 without any justifiable reason.
3. Learned counsel for the petitioner submits that the impugned order came to be passed on the purported ground that the complainant was absent and process fee was not paid, but the order sheet dated 15.12.2015 clearly reflects that process fee for service of notice was paid by the petitioner. Under the said circumstances, the learned Magistrate was not justified in dismissing the complaint.
4. The submissions are well founded. Learned Magistrate has failed to note that necessary process fee was paid on 15.12.2015, which indicates that the complainant was interested in prosecuting the proceedings and could not have allowed the complaint to go by default. In that view of the matter and in the larger interest of justice, the impugned order dated 19.2.2016 is set aside. In view of absence of the complainant on the date of hearing, the complainant is directed to deposit cost of Rs.1,000/- before the trial Court within 15 days from today and on such deposit, the complaint shall be restored to file and shall be proceeded with in accordance with law.
Petition is allowed in terms of the above order.
SA Ct:sr Sd/- JUDGE