LAWS(KAR)-2018-4-301

ILLAHI Vs. HARISH

Decided On April 25, 2018
Illahi Appellant
V/S
HARISH Respondents

JUDGEMENT

(1.) The petitioner who is the complainant filed this petition under Section 482 of Cr.P.C. to set-aside the order dated 12.10.2017 passed by the learned Civil Judge and JMFC, Indi dismissing C.C.No.60/2012 registered for the offence punishable under Section 138 of the Negotiable Instruments Act.

(2.) It is the case of the petitioner/complainant that he had filed Private Complaint No.2/2012 under Section 200 of Cr.P.C. against the respondent/accused for the offence punishable under Section 138 of Negotiable Instrument Act before the Civil Judge and JMFC Indi. After recording sworn statement of the complainant and after perusing the material on record, the learned Magistrate order dated: 12.03.2012 was pleased to register the case against the respondent/accused for the offence punishable under Section 13 of N.I. Act. The accused on service of summons appeared and on his application filed under Section 436 of Cr.P.C. was enlarged on bail on his execution of personal bond for Rs.5,000/- with a surety for like sum. The Magistrate accepted the surety of one Sri.Nityanand s/o Shivappa Holer who undertook to abide by the conditions and also undertook to keep the accused present before the Court on all dates of hearing. During the course of the proceedings petitioner examined himself as PW.1 and got marked Ex.P.1 to Ex.P.5 documents. He also examined two witnesses as PWs.2 and 3 in support of his case.

(3.) After closer of evidence of the complainant, the statement of the accused under Section 313 was recorded and the matter was posted for defense evidence. The accused remained absent. The learned judge on 06.09.2017 was pleased to reject the exemption application filed by the accused and ordered for issuance of Non-Bailable-Warrant. Inspite of issuance of Non-Bailable-Warrant the same was not executed and the presence of accused could not be secured. As such the learned Magistrate erroneously passed the order dated 12.10.2017 dismissing the complaint in C.C.No.60/2012. Hence, the present petition is filed.