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TMI Blog2021 (7) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... he trial Court. However, on 03.02.2020 the trial Court proceeded to dismiss the case for default i.e., for non-prosecution. The trial Court noticed that for several dates there was no representation on behalf of the complainant and there is no reason to adjourn the matter. The complainant could not be present before the trial Court. Absence of the complainant is not intentional or deliberate. Hence, the appeal may be allowed in the interest of justice - the impugned order dismissing the case for default could be set aside subject to terms - criminal appeal allowed. - Criminal Appeal No. 100127/2021 - - - Dated:- 23-6-2021 - M. G. Uma, J. For the Appellant : Prashant Mathapati, Advocate JUDGMENT M. G. Uma, J. 1. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . With consent of learned counsel for the appellant it is taken up for final disposal. 5. Learned counsel for the appellant submitted that the accused had borrowed loan from the complainant and to discharge legally recoverable debt, he had issued the cheque in question. But the same was dishonoured on presentation for encashment. Inspite of issuance of legal notice, the accused has not repaid the cheque amount and thereby, he has committed the offence punishable under Section 138 of the N.I. Act. 6. The appellant herein filed the private complaint in PCR No. 137/2014 against the accused for the above said offence. The trial Court took cognizance of the offence after satisfying with the materials placed before it and registered C.C. No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter was set down for evidence of the accused, he remained absent. NBW could not be executed against him. Therefore, notice to respondent/accused is dispensed with. 9. In view of the submissions made by the learned counsel for the appellant, the point that would arise for my consideration is, Whether the impugned order dated 03.02.2020 dismissing the complaint for default by the Trial Court is liable to be set aside? 10. My answer to above the point is in 'affirmative' for the following: REASONS 11. It is stated that the complainant filed private complaint in PCR No. 137/2014 before the trial Court against the respondent alleging commission of the offence punishable under Section 138 of the N.I. Act. The trial Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, the valuable right which is accrued in favour of the complainant will be taken away. Therefore, I am of the opinion that the impugned order dismissing the case for default could be set aside subject to terms. Hence, I answer the above point in the affirmative and proceed to pass the following: ORDER The Criminal Appeal is allowed. The impugned order dated 03.02.2020 passed in Criminal Case No. 502/2015 by the learned Principal Civil Judge and JMFC, Gokak dismissing the case for default i.e., for non-prosecution is set aside. Criminal Case No. 502/2015 is restored on its file, subject to fine of ₹ 2,000/- to be deposited by the complainant before the trial court within four weeks from today, failing which, the complain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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