H.R.JAGADISHA Vs. HYDER ALI

JUDGEMENT

(1.) This appeal is filed by the appellant - complainant praying to set-aside the order dtd. 26/11/2021 passed in C.C.No.45/2016 by the Principal Civil Judge and J.M.F.C., Thirthahalli and to restore the said criminal case.

(2.) The appellant - complainant had 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'), which was pending against the respondent - accused in C.C.No.45/2016. The appellant - complainant led evidence in the said criminal case and also examined two witnesses. When the case came to be posted for recording the statement under Sec. 313 of Cr.P.C, the respondent - accused had remained absent and the learned Magistrate had issued the N.B.W. On 26/11/2021, the complaint came to be dismissed for default on the ground that, the N.B.W has not been executed by the appellant - complainant and a copy of the N.B.W has not been returned. The said order has been challenged by the appellant - complainant in the present appeal. As there is a delay of 572 days in filing the appeal, I.A.No.2/2023 has been filed by the appellant - complainant under Sec. 5 of the Limitation Act, seeking condonation of the said delay. Learned counsel for the respondent - accused has filed his statement of objections to the said application.

(3.) Heard learned counsel for the appellant - complainant and learned counsel for the respondent - accused.