IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO. 7436/2018 BETWEEN:
Sri Ravikiran S/o. M. R. Rangaswamy Aged about 38 years R/at No.29, ‘A’ Street 1st Main Road, New Guddadahalli Mysuru Road Bengaluru - 560026. ... Petitioner (By Sri R. V. Shivananda Reddy, Advocate) AND:
Sri Krishnamurthy .A S/o. Anjanappa Aged about 38 years Proprietor Math’s Tutorials No.206, C.J. Venkateshdas Road Padmanabhanagara Bengaluru – 560 070.
Now R/at No.29, MMG Century Behind KHB Colony Hootagalli Mysuru-570 027. ... Respondent This petition is filed under Section 482 of Cr.P.C., praying to set aside the order dated 08.07.2016 of dismiss for non-prosecution passed in C.C.No.6168/2015 on the file of the XVI Additional Chief Metropolitan Magistrate, Bengaluru and restore the above case for the offences punishable under Section 138 of N.I. Act and etc.
This petition coming for Admission this day, the Court made the following:
O R D E R Heard Sri R.V.Shivananda Reddy, learned counsel appearing for petitioner and perused the records.
2. Notice to respondent stands dispensed with, in as much as even before respondent appearing before trial Court in C.C.No.6168/2015, petition has been dismissed for default namely for not taking steps for issuing non-bailable warrant ordered against respondent.
3. Petitioner herein filed a complaint under Section 200 of Cr.P.C., against respondent for the offence punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881 in PCR No.1806/2015 and learned Magistrate after taking cognizance of the alleged offence recorded the sworn statement and issued summons to respondent. However, same was not served and thereafter non- bailable warrant came to be issued to accused on 20.01.2016 and same has not been executed. Hence, for re-issuing non-bailable warrant, matter has been listed before trial Court on 31.05.2016. Since steps was not taken namely process fee had not been paid on 31.05.2016, complaint came to be dismissed on 08.07.2016.
4. Though Sri. R. V. Shivananda Reddy, learned counsel appearing for petitioner would contend that absence of counsel was due to ill-health, except self serving statement, there is no material in this regard. However, this Court finds there is no good ground to disbelieve the statement made at the Bar. Hence, prayer sought for in petition deserves to be allowed conditionally by granting one final opportunity.
For the reasons aforesaid, I proceed to pass the following:
ORDER 1. Criminal petition is allowed.
2. Order dated 08.07.2016 is set aside and complaint in C.C.No.6168/2015 (PCR No.1806/2015) is restored to file of 16th Additional Metropolitan Magistrate, Bengaluru, subject to petitioner depositing a sum of Rs.1,500/- as costs to Karnataka State Legal Services Authority.
3. Petitioner shall appear before trial Court on 29.04.2019 without waiting for further notice and trial Court shall proceed with the matter from the stage it was listed on 08.07.2016.
SD/-
JUDGE SN