IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.472/2019 BETWEEN M/S SUNDARAM BNP PARIBAS HOME FINANCE LIMITED SUNDARAM TOWERS, NO.46, WHITE ROAD, CHENNAI-600014.
HAVING THEIR BRANCH OFFICE AT: SHESHADRIPURAM, BANGALOE REPRESENTED BY ITS AUTHORIZED OFFICER S.M.KUTTAPPA.
... PETITIONER (BY SRI HARSHA.G ON BEHALF OF SMT. RADHA R, ADV.) AND JAYADEV K GEETHASADHANA, NO.26, 11TH CROSS, L N PURAM, LINGARAJAPURAM, BANGALORE - 560 021.
ALSO AT:- JAYADEV K PRITECG PARK BLOCK -7, OUTER RING ROAD, BANGALORE-560 103.
IN ALTERNATIVE:- JAYADEV K CHANDRAPURA VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BANGALORE SOUTH, CHANDAPRURA, BANGALORE-560 100.
IN ALTERNATIVE (LATEST ADDRESS) JAYADEV, PROJECT MANAGER ACCENTURE SERVICE (PVT.) LTD., PRITECH PARK BLOCK-7, SARJAPURA MARATHALLI OUTER RING ROAD, BANGALORE-560103. EMPLOYEE I.D. NO.10078603.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED 19.12.2018 PASSED BY XXIV ADDITIONAL SMALL CAUSES JUDGE AND XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE IN C.C.NO.15461/2015, AND TO RESTORE THE C.C.NO.15461/2015 BEFORE THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Though matter is listed for Admission it is taken up for final disposal since a short point which would arise for consideration in this petition namely;
“Whether learned trial court was justified in dismissing complaint for default by impugned order dated 19.12.2018.”
2. Having heard Sri. Harsha G., learned counsel appearing for R.R. Associates for petitioner and on perusal of records it would disclose that though complaint was filed in the year 2015 and steps had been taken by the complainant to ensure service of notice on respondent/accused and notice issued to the respondent through RPAD has resulted in same being returned with a postal shara that “accused not claimed”. Hence, Non-Bailable warrant came to be issued on 23.10.2018 and subsequently on 17.11.2018 it was re-issued through Commissioner of Police, Bengaluru. However, on the next date of hearing i.e. on 19.12.2018 complaint has been dismissed for default on the ground that police have reported that accused had vacated the premises in respect of which warrant came to be issued. Thus, trial court ought to have granted one opportunity to the complainant to furnish fresh address in said situation. In that view of the matter, impugned order cannot be sustained.
Hence, the following:-
ORDER i) Criminal Petition is allowed.
ii) Order dated 19.12.2018 is quashed and complaint in C.C. No.15461/2015 stands restored to the file of XXIV Addl. Small Causes Judge and XXII Addl. Chief Metropolitan Magistrate, Bengaluru for being disposed off from the stage of re-issuance of non-bailable warrant to accused, petitioner shall furnish fresh/new/correct address of the accused on next date of hearing without fail.
iii) Petitioner shall appear before the jurisdictional court on 21.05.2019 without waiting for further notice.
Chs*/- CT-HR Sd/- JUDGE