N.S.SHANTHA KUMAR Vs. SATHISHA

JUDGEMENT

(1.) This appeal is filed by the appellant - complainant praying to set-aside the impugned order dtd. 30/9/2024 passed in C.C.No.3950/2016 by the V Additional Civil Judge and J.M.F.C, Hassan, whereunder, the complaint has been dismissed for default.

(2.) Heard learned counsel for the appellant - complainant. Inspite of service of notice, the respondent - accused has remained absent and unrepresented.

(3.) The appellant - complainant initiated the proceedings against the respondent - accused for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as "N.I.Act") and it was pending in C.C.No.3950/2016, on the file of the V Additional Civil Judge and J.M.F.C, Hassan. In the said criminal case, inspite of service of summons the respondent - accused did not appear and the Trial Court had issued the Non Bailable Warrant against him. The appellant - complainant had paid the process fee for issue of the Non Bailable Warrant from time to time. The police did not execute the Non Bailable Warrant issued against the respondent - accused. The case was listed on 30/9/2024 for return of the Non Bailable Warrant. On that day, noting the absence of the appellant - complainant and also noting that he did not assist the police for execution of the Non Bailable Warrant issued against the respondent - accused, the Trial Court has dismissed the complaint for default. The said order has been challenged by the appellant - complainant in this appeal.