OF

DISMISSAL

OF

COMPLAINT FOR NON-PROSECUTION PASSED IN CRIMINAL

CASE NO. 336/2017 DATED 25.01.2023 ON THE FILE OF VIII

J.M.F.C. BELAGAVI MAY BE SET ASIDE AND THE COMPLAINT IN

C.C. NO. 336/2017 OFFENCE PUNISHABLE U/SEC. 138 OF N.I.

ACT. ON THE FILE OF VIII JMFC, BELAGAVI MAY BE RESTORED.

IN CRIMINAL APPEAL NO. 100091 OF 2023 :

1 .

M/S RAHUL BAR,

A REGISTERED PARTNERSHIP FIRM

UNDER THE INDIAN PARTNERSHIP ACT, 1932

REPRESENTED BY ITS PARTNERS

2 .

SHRI RAJENDRA SHIVSHANKAR SANSUDDI,

AGE. 60 YEARS, OCC. BUSINESS,

R/O.SHIVBASAV NAGAR, BELAGAVI

3 .

SHRI NANDEESH S/O SHANKAR KORI

AGE. 42 YEARS, OCC. BUSINESS,

R/O.SADASHIV NAGAR, BELAGAVI

(BY SHRI JOSHI SHRIRPRASAD AND JAYATEERTH, ADVOCATE)

- 3 -

1 .

ONENESS CHIT FUNDS PVT.LTD.,

BELAGAVI

REPRESENTED BY ITS MANAGING DIRECTOR,

SHRI APPASAB K. DESAI

AGE. 54 YEARS, OCC. BUSINESS,

R/O. ANJANEY NAGAR, NEAR DIARY,

DOUBLE ROAD, BELAGAVI-590016

2 .

ONENESS CHIT GUNDS PVT. LTD.,

BELAGAVI

REPRESENTED BY ITS DIRECTOR,

SMT. GEETA W/O APPASAB DESAI

AGE.51 YEARS, OCC. BUSINESS,

R/O.ANJANEY NAGAR, NEAR DIARY,

DOUBLE ROAD, BELAGAVI-590016

(NOTICE TO R1 AND R2 DISPENSED WITH)

ORDER

OF

DISMISSAL

OF

COMPLAINT FOR NON-PROSECUTION PASSED IN CRIMINAL

CASE NO. 335/2017 DATED 25.01.2023 ON THE FILE OF VIII

J.M.F.C. BELAGAVI MAY BE SET ASIDE AND THE COMPLAINT IN

C.C. NO. 335/2017 OFFENCE PUNISHABLE U/SEC. 138 OF N.I.

ACT. ON THE FILE OF VIII JMFC, BELAGAVI MAY BE RESTORED.

THESE

APPEALS

COMING

ON

FOR

HEARING

ON

INTERLOCUTORY APPLICATION AND THE SAME HAVING BEEN

HEARD AND RESERVED FOR JUDGMENT ON 06.03.2023, THIS

DAY, THE COURT, DELIVERED THE FOLLOWING:

- 4 -

COMMON JUDGMENT

1. Appellants-complainants in both appeals challenged the

orders passed by VIII JMFC, Belagavi, in CC.Nos.335 and

336 of 2017, dated 25-1-2023, dismissing the complaints

for non-prosecution.

2. Parties to both appeals are referred with their ranks

assigned before Trial Court for the sake of convenience.

3. Partners of M/s. Rahul Bar filed two private complaints

under CC.Nos.335 and 336 of 2017 for the offence

punishable under Section 138 of N.I.Act, based on two

separate cheques issued by accused Chit Fund. Complaint

allegations in both cases and the order sheet maintained

by the Trial Court with reference to dates are same.

Hence, these two appeals are taken for disposal by this

common judgment.

4. The factual matrix leading to the case of complainants can

be stated in nutshell to the effect that M/s. Rahul Bar is a

registered partnership firm running business of bar at old

P.B.Road, Belagavi have filed private complaint under

- 5 -

Section 200 of Cr.P.C. against accused Nos. 1 and 2 for

the offence punishable under Section 138 of N.I.Act. The

Trial

Court,

by

order

dated

3-8-2017

has

taken

cognizance of the offence and ordered to issue process

against the accused. Thereafter, the matter came to be

adjourned from time to time. The Trial Court, by order

dated 25-01-2023 having noted absence of complainants

and their counsel, so also the matter is pending from

2017, dismissed the complaint for non-prosecution, since

complainants failed to provide correct and present

address of the accused persons.

5. This Court, by order dated 6-3-2023, has dispensed the

notice to respondent Nos. 1 and 2, since the complaint

came to be dismissed by the Trial Court before

appearance of the accused Nos. 1 and 2.

6. Heard arguments in both the appeals.

7. On perusal of certified copy of the complaint, it would go

to show that accused Nos.1 and 2 have issued two

cheques bearing No.001332, dated 30-11-2016 for

Rs.6,63,601/- and another cheque bearing No.001331,

- 6 -

dated 10-12-2016 for Rs.6,50,000/- in the last week of

November 2016 for lawful discharge of debt. The said

cheques, on presentation by the complainants were

dishonoured vide bank endorsement “funds insufficient”.

The demand notice was issued on 20-2-2017 and accused

have neither replied to demand notice nor paid the

amount

covered

under

both

cheques.

Therefore,

complaint came to b