High CourtsSingle Bench(2003) 09 KAR CK 0023

Krishnappa Gowda vs Mohammad Ali and Another

Karnataka High Court · Decided on 8 September 2003 · Citation: (2004) 1 KCCR 512

HON’BLE JUDGES
N.S. Veerabhadraiah, J
RESULT
Allowed
CASE NUMBER
Criminal Revision Petition No. 54 of 2003

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Judgment

5 paragraphs · 173 words

N.S. Veerabhadraiah, J.—This is the complainant's revision being aggrieved of the dismissal of the complaint in PCR No. 66 of 2002 on the file of the Civil Judge (Jr. Dn.) and JMFC, Belthangadi.

2.

The brief facts are as follows:

The Petitioner initiated proceedings u/s 138 of Negotiable Instruments Act and the case stands posted for recording of the sworn statement and the case was adjourned to 18.12.2002, on which day the complainant absent. Therefore, the complaint came to be dismissed. It is this order of dismissal of the complaint, which is questioned in the present revision.

3.

As could be seen that, there was strike all over the State of Karnataka on 18.12.2002. Therefore, in my opinion, the dismissal of the complaint is not sustainable. Accordingly, the revision is allowed directing the Trial Court to take the case papers on record and to proceed in accordance with law after providing an opportunity to the complainant for the purpose of recording the sworn statement.

With the said observation, this revision is disposed of.