IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.4493 of 2015 BETWEEN:
Mr. Kuber Singh Aged about 40 years, S/o Mr. Krishna Singh, C/o Mr. Shivanna, R/at No.4, 6th Main Road, 9th ‘D’ Cross, Jnana Jyothi Nagar, Jnana Jyothi Post, Bengaluru – 560 056. …Petitioner (By Sri. Shrikanth .B, Advocate) AND:
Mrs. Meena .G Aged about 49 years, W/o Prabhakar, No.9, 6th Main Road, 7th Cross, Yulasamma Layout, Jnana Jyothi Nagar, Bengaluru – 560 056.
and also at:
M/s. M.M. Tours and Travels, No.07, 6th Main Road, 9th D Cross, Jnana Jyothi Nagar, (Muneshwar Nagar) Jnana Bharathi Post, Bengaluru – 560 056. ...Respondent (By Sri. M. Erappa Reddy, Advocate-absent) This Criminal petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 06.05.2015 passed in C.C. No.18856/2014 on the file of the XXII A.C.M.M., Bengaluru.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner is aggrieved by the order passed by the learned Magistrate dated 06.05.2015, whereby the learned Magistrate has dismissed the complaint filed by the petitioner herein under Section 138 of the Negotiable Instruments Act, 1881, for non-prosecution.
2. Records produced by the petitioner disclose that on 06.05.2015 the matter was set down for cross- examination of petitioner/PW.1. Since petitioner/PW.1 did not appear before the Court and no representation was made on his behalf by his counsel, learned Magistrate dismissed the complaint for non-prosecution. The order sheet maintained by the learned Magistrate discloses that except on 15.04.2015 on earlier date i.e., on 24.03.2015, PW.1 was present, but at the instance of the accused, the matter was adjourned for cross-examination. Under the said circumstances, an opportunity ought to have been granted to petitioner/PW.1 to lead his full evidence before the Court.
3. Contesting respondent has not disputed the reasons assigned in the petition for non-appearance of PW.1 and his counsel on 06.05.2015.
4. Under the said circumstances, the petition is allowed. The impugned order dated 06.05.2015 is set aside. Consequently, complaint is restored to file. PW.1 is recalled for the purpose of cross-examination. Petitioner shall appear before the trial Court on 08.04.2019, without further notice and shall take further orders from the trial Court.
Sd/- JUDGE MBM