IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5692 OF 2013 BETWEEN:
NARASIMHA MURTHY S/O. MUNIYAPPA AGED ABOUT 41 YEARS R/AT NO. 173, SUNDHAR RAJ LAYOUT, KASABA HOBLI, ANEKAL TALUK BANGALORE DISTRICT-560105.
... PETITIONER (BY SRI: H K KENCHEGOWDA, ADVOCATE) AND MANJUNATH V M S/O MUNIYAPPA AGED ABOUT 31 YEARS HARAGHADHE VILLAGE JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT-105 ... RESPONDENT (BY SRI: MANJUNATH V M -RESPDT SD & UNREPD) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO (A) SET ASIDE THE ORDER DATED 1.7.2013 IN PCR NO.197/2012 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL, VIDE ANNEXURE - B BY ALLOWING THIS CRIMINAL PETITION; AND (B) CONSEQUENTLY ORDER TO RESTORE THE COMPLAINT IN PCR NO.197/2012 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, ANEKAL IN ITS ORIGINAL STAGE, THEREBY PERMIT THE PETITIONER TO CONTEST THE CASE ON MERITS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner. Respondent is duly served and unrepresented.
2. Petitioner is aggrieved by the order passed by the Principal Civil Judge & JMFC at Anekal dated 1.7.2013 in PCR No.197/2012, whereby complaint filed by the petitioner herein under section 138 of the Negotiable Instruments Act, 1888, has been dismissed for non prosecution on account of continuous absence of the complainant.
3. However, learned counsel for the petitioner submits that petitioner was advised bed rest for 71 days with effect from 25.04.2013 to 5.7.2013 and as such he could not appear before the Court. In support of his submission, petitioner has produced medical certificate dated 5.7.2013 issued by the Senior Medical Officer, Government Hospital, Anekal.
Having regard to the said fact, petition is allowed. The impugned order is set aside. Complaint is restored to file. The complainant shall appear before the trial Court on 3.4.2019 without any further notice.
Sd/- JUDGE AN/-