1. Special Leave to appeal is granted.

I.A.No.1/2022 is allowed.

This appeal is preferred by the complainant in C.C. No.59002/2018 on the file of LVII Additional Chief Metropolitan Magistrate, currently numbered as XXXIV Additional Chief Metropolitan Magistrate, Bengaluru, praying to set aside the order dated 01.01.2022, whereby the complaint was dismissed for not taking steps.

2. Heard both the sides and perused the material on record.

3. Complaint was filed in respect of dishonour of cheques issued by the respondent for a sum of Rs.36,00,000/- (Rupees Thirty Six Lakhs only) in total. The order sheet would disclose that the complaint was presented on 16.10.2018. The complainant filed his affidavit in lieu of sworn statement. Summons came to be issued to the accused and since he did not respond to the summons, NBW was issued. Pursuant to issuance of NBW, the accused appeared before the Court on 19.03.2020 and he was enlarged on bail. Thereafter, in view of the closure of the Court on account of the pandemic, the matter was adjourned from time to time. The order sheet further discloses that both the accused and complainant remained absent subsequently on several occasions. On 05.10.2021, the complainant was present and NBW was issued to the accused returnable by 18.11.2021.

4. The learned counsel for appellant submits that though the date given was on 18.11.2021, the case was called on 17.11.2021. On that day NBW was re-issued to the accused. Subsequently, on 15.12.2021, 31.12.2021 and 01.01.2022 both the accused and complainant were absent. The learned Magistrate proceeded to dismiss the complaint for not taking steps on 01.01.2022, observing that inspite of providing sufficient opportunities, steps are not taken.

5. The order sheet maintained by the trial Court would disclose that initially summons was issued to the accused and steps were taken but the accused did not appear before the Court. Therefore, NBW was issued and pursuant to the same the accused appeared and he was enlarged on bail. Thereafter, once again the accused remained absent and NBW was re-issued to him.

6. The learned counsel for appellant submits that the amount involved is huge and therefore, if the complainant is not given an opportunity to prosecute his complaint then great hardship and loss would be caused. He submits that henceforth the complainant will diligently prosecute his complaint by taking necessary steps.

7. The learned counsel for respondent submits that on the next date of hearing the respondent will appear before the trial Court.

8. Considering the above facts and circumstances of the case and the submission made by the learned counsel appearing on both sides, I deem it proper to give an opportunity to the complainant to prosecute his complaint, to meet the ends of justice. Hence, the following

ORDER

Appeal is allowed.

The order dated 01.01.2022 passed in C.C. No.59002/2018 pending on the file of XXXIV Additional Chief Metropolitan Magistrate, Bengaluru is hereby set aside.

The complaint shall be restored to its file and the learned Magistrate is directed to proceed further in accordance with law.

Both the parties are directed to appear before the trial Court on 15.07.2022 without further notice and shall cooperate for the early disposal of the case.