K.B.VEDAMURTHY Vs. LAXVEN CHITS PVT. LTD.

JUDGEMENT

(1.) The petition is admitted and taken up for final disposal with the consent of the learned counsel appearing for the parties.

(2.) This is a criminal petition fi led under section 482 of Cr.P.C. , seeking to quash/set aside the order dated 24.8.2016, passed by the III Addl . District and Sessions Judge, Bal lari , sitting at Hospete, in Crl.R.P.No.5065/2015.

(3.) The brief facts of the case are that, the respondent herein filed a private complaint against the petitioner in PCR No.37/2013, in the Court of Prl . Civil Judge and JMFC, Hospete, for the offence punishable under section 138 of the Negotiable Instruments Act. The said case was registered in C.C.No.1458/2013. Subsequently plea of the case was recorded and the case was posted for evidence of the complainant. The complainant failed to adduce evidence in spite of suf ficient opportunity. So the trial Court after giving sufficient opportunity, dismissed the complaint for non prosecution, on 7.8.2015. The respondent complainant kept quite for al l the time of limitation and thereafter filed Crl .R.P.No.5065/2015 before the III Addl . District and Sessions Judge, Ballari, sitting at Hospete, for restoration of the case on the file. Although the petition was time barred, no application to condone the delay was filed. The petitioner had appeared in the said case, filed his objections stating that the petition is time barred. However the said Court al lowed the revision petition by the impugned order dated 24.8.2016 and set aside the order of dismissal and restored the case to file.