IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9467/2018 BETWEEN:
M/S. BRITANNIA DAIRY PVT. LTD.
HAVING ITS REGISTERED OFFICE AT # 5/1-A, HUNGERFORD STREET KOLKATA – 700 017 AND IT’S EXECUTIVE OFFICE AT PRESTIGE SHANTINIKETAN THE BUSINESS PRECINCT TOWER C, 16TH & 17TH FLOOR WHITEFIELD MAIN ROAD MAHADEVAPURA POST BENGALURU 560 048 REPRESENTED BY ITS LEGAL OFFICER AND POA HOLDER MR. MOHD MOHSIN BEG ... PETITIONER (BY SRI SHREYAS B.S. FOR SRI KAPIL DIXIT, ADVOCATES) AND:
MRS. SHARDA GUPTHA PROPRIETOR OF M/S. MARUTI ENTERPRISES SHOP NO.8 SHAHID BHAGAT SINGH MARGE DELHI-110 006 ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 17.11.2018 PASSED BY THE LEARNED LVIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN P.C.R.NO.52475/2018 ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Since respondent was yet to appear before learned trial Judge, notice to the respondent stands dispensed with.
2. Petitioner is the complainant before trial court, who has presented a complaint under Section 200 Cr.P.C. against the respondent-accused alleging cheque issued by the accused when presented came to be dishonoured and in spite of statutory notice being issued, accused did not comply with the demand made therein and thereby, he has committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1882. Said complaint came to be presented on 19.06.2017. From the said date till complaint came to be dismissed for default on 17.11.2018, matter has been adjourned and most of the time it is at the request of the complainant and his counsel (though on four occasions the Presiding Officer was not sitting as Presiding Officer was on leave). However, fact remains that petitioner-complainant had remained absent consistently from 27.02.2018 to 17.11.2018. As such, learned trial Judge left with no option has rightly dismissed the said complaint for which no fault can be laid at the doors of the learned trial Judge. Be that as it may. Counsel for the complainant was stated to be unwell on 17.11.2018 (though not supported by any documentary evidence like medical certificate), interest of justice commands that order of dismissal requires to be set aside and complaint requires to be restored to file of the learned trial Judge in order to do substantial justice.
Hence, the following:
ORDER (i) Criminal Petition is allowed.
(ii) Order dated 17.11.2018 is set aside and complaint in PCR No.52475/2018 is restored to file of LVIII Additional Chief Metropolitan Magistrate, Bangalore on payment of costs of Rs.1,000/- payable to the Karnataka State Legal Services Authority.
SD/- JUDGE hkh.