IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.484/2015 BETWEEN:
Yelahanka Merchants Finance Company, By Pass, B.B.Road, Yelahanka, Bengaluru – 560 064. Represented by its Manager And G.P.A. Holder Smt. Girija, W/o Garudappa. …Petitioner (By Sri. M. Subramani, Advocate) AND:
K. Naveen Kumar, S/o. Kyathaiah, Aged about 23 years, C/o Anjinamurthy, No.38/4, 1st ‘A’ Main Road, Attur Layout, Attur Post, Bengaluru – 560 064. ...Respondent (Respondent served and unrepresented) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the order dated 11.12.2014 passed by XVIII-ACMM and XX-ASCJ Court, Bengaluru in C.C.No.29607/2007 and to allow the petition and remand back the matter by restoring the case and by providing an opportunity to the complainant and to proceed with the matter.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner.
Respondent No.2 is duly served and is unrepresented.
2. The petitioner herein filed a private complaint under Section 200 Cr.P.C. r/w 138 of Negotiable Instruments Act seeking action against the respondent herein/accused for the dishonour of cheque issued by him for an amount of Rs.2,50,000/-. On taking cognizance of the offences, the learned Magistrate directed summons to the petitioner. On his failure to appear before the Court, repeated warrants were issued to secure the respondent. The warrants issued to respondent were returned as ‘left the address’. The complainant having failed to furnish the proper address for service of the summons and warrants to the respondent, by order dated 11.12.2014, the learned Magistrate closed the proceedings.
3. The notice of this petition is duly served on the respondent indicating that the respondent is available at the address shown in the cause title. Since, the petition has been rejected solely for non- service of summons, in my view, the said order requires to be set aside and an opportunity is required to be afforded to the petitioner/complainant to establish the offence alleged against the respondent.
Accordingly, the petition is allowed. The impugned order dated 11.12.2014 is set aside. The complaint filed by the petitioner under Section 200 of Cr.P.C. in C.C.No.29607/2017 is restored to file.
Parties are directed to appear before the learned Magistrate on 27.02.2019 without any further notice, to take further orders from the trial Court.
Sd/- JUDGE SV