IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.4251 OF 2018 BETWEEN:
K.H. IMRAN KHAN S/O. K.B. HAFIZULLA KHAN AGED ABOUT 35 YEARS 3RD CROSS, SHIVANAGAR DAVANGERE – 577 006 ... PETITIONER (BY SRI. JAGADISHA S.G., ADVOCATE) AND:
NAGENDRAPPA S/O. HANUMANTHAPPA MAJOR, R/O. DOOR NO.1726/25A, I FLOOR, OUT HOUSE, SVS CONVENT ROAD LENIN NAGAR, NITTUVALLI DAVANAGERE – 577 004 … RESPONDENT [VIDE ORDER DATED 25.01.2019 NOTICE TO RESPONDENT DISPENSED WITH] THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC. PRAYING TO SET ASIDE THE ORDER PASSED BY THE JMFC [III COURT], DAVANAGERE IN C.C. NO.32/2017 DATED 31.05.2017 AND TO RESTORE C.C. NO.32/2017 ON THE FILE OF J.M.F.C. [III COURT], DAVANAGERE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is posted for orders, it is taken up for final disposal.
2. Since only issue involved in the present petition relates to Order dated 31.05.2017 passed in C.C. No.32/2017 whereunder complaint filed by petitioner under Section 200 Cr.PC against the respondent for the offence punishable under section 138 of Negotiable Instruments Act came to be dismissed on ground of petitioner not having taken steps. Since notice was not served in trial Court, issuance of notice to respondent stands dispensed with in this petition also.
3. Sri. Jagadisha S.G., learned counsel appearing for petitioner submits that on account of petitioner’s daughter’s marriage having been fixed during month of May 2017, petitioner could not meet his counsel and give instructions and as such, lapse had occurred before trial Court which resulted in dismissal of the complaint and he prays for a lenient view being taken against petitioner and prays for complaint being restored to its file.
4. Having regard to the fact that notice was yet to be served on respondent/accused, proceedings initiated by petitioner relates to alleged offence committed by respondent punishable under Section 138 read with Section 142 of Negotiable Instruments Act, and taking lenient view, order dated 31.05.2017 is set aside in the interest of justice and complaint bearing CC No.32/2017 is restored to the file of JMFC, III Court, Davanagere, for being adjudicated on merits and subject to petitioner depositing Rs.2,000/- to Legal Services Authority, within two weeks from today. On such intimation, trial Court shall proceed to adjudicate the complaint from the stage where it came to be dismissed.
Accordingly, petition stands allowed.
SD/- JUDGE AN/-