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2003 DIGILAW 763 (KAR)

Krishnappa Gowda v. Mohammad Ali

2003-09-08

N.S.VEERABHADRAIAH

body2003
ORDER N.S. Veerabhadraiah, J.--This is the complainant's revision being aggrieved of the dismissal of the complaint in PCR No. 66 of 2002 on the file of the Civil Judge (Jr. Dn.) and JMFC, Belthangadi. 2. The brief facts are as follows: The Petitioner initiated proceedings under Section 138 of Negotiable Instruments Act and the case stands posted for recording of the sworn statement and the case was adjourned to 18.12.2002, on which day the complainant absent. Therefore, the complaint came to be dismissed. It is this order of dismissal of the complaint, which is questioned in the present revision. 3. As could be seen that, there was strike all over the State of Karnataka on 18.12.2002. Therefore, in my opinion, the dismissal of the complaint is not sustainable. Accordingly, the revision is allowed directing the Trial Court to take the case papers on record and to proceed in accordance with law after providing an opportunity to the complainant for the purpose of recording the sworn statement. 4. With the said observation, this revision is disposed of.