Case Note & Summary
The appellant, Nagaraj, filed a private complaint against the respondent, Ishwar, under Section 138 of the Negotiable Instruments Act, 1881, in C.C. No.2735/2013 before the V Additional Civil Judge and JMFC Court at Kalaburagi. The Trial Court dismissed the complaint for non-prosecution on 17.10.2018. Aggrieved, the appellant filed the present appeal under Section 378(4) of the Code of Criminal Procedure, 1973, seeking restoration of the case to its original stage. The High Court of Karnataka at Kalaburagi, presided over by Justice P.N. Desai, heard the appeal. The court considered the brief facts and the prayer for restoration. The court found that the dismissal for non-prosecution was not justified and that the interest of justice required restoration. Accordingly, the court allowed the appeal, set aside the order dated 17.10.2018, and directed the Trial Court to restore C.C. No.2735/2013 to its original stage and proceed with the case in accordance with law. The court also directed the appellant to appear before the Trial Court on 31.10.2022 without further notice.
Headnote
A) Criminal Procedure Code - Appeal against dismissal for non-prosecution - Section 378(4) Cr.P.C. - Restoration of complaint - The appellant/complainant filed a private complaint under Section 138 of Negotiable Instruments Act, 1881. The Trial Court dismissed the case for non-prosecution on 17.10.2018. The High Court held that the dismissal was not justified and allowed the appeal, directing restoration of the case to its original stage in the interest of justice. (Paras 1-3)
Issue of Consideration
Whether the order of the Trial Court dismissing the complaint for non-prosecution is justified and whether the appeal under Section 378(4) Cr.P.C. should be allowed to restore the case.
Final Decision
The appeal is allowed. The order dated 17.10.2018 passed by the V Additional Civil Judge and JMFC Court at Kalaburagi in C.C. No.2735/2013 is set aside. The Trial Court is directed to restore C.C. No.2735/2013 to its original stage and proceed with the case in accordance with law. The appellant is directed to appear before the Trial Court on 31.10.2022 without further notice.
Law Points
- Restoration of complaint dismissed for non-prosecution
- Section 138 Negotiable Instruments Act
- 1881
- Section 378(4) Cr.P.C.
- liberal approach in restoration
- interest of justice
