BALCHANDRA Vs. ISHWAR GOUDA

JUDGEMENT

(1.) Appellant/complainant in this appeal is challenging the order of trial Court on the file of JMFC II Court, Hubballi, in C.C.No.2680/2016 dtd. 24/5/2019 dismissing the complaint for non-prosecution.

(2.) Heard the arguments of both sides.

(3.) Complainant filed complaint under Sec. 200 Cr.P.C. for the offence under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I. Act ') against accused. The trial Court by its order dtd. 13/12/2016 took cognizance of the offence and ordered to issue summons to accused. In response to summons, accused appeared through counsel on 4/9/2018 by advancing the matter and he was released on bail. On 17/1/2019, trial Court after recording substance of accusation directed respondent/accused to deposit 20% of the cheque amount, since he wanted to contest the claim of compensation. The matter was adjourned on 16/2/2019 and 4/4/2019. On those two days, there was no compliance by accused in depositing 50% of the cheque amount. The trial Court on 24/5/2019 by noting the absence of complainant and his counsel, dismissed the case for non-prosecution.