— 1 — IN THE HIGH COURT OF ICARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE l8H DAY OF JULY 2011 BEFORE THE HON’BLE MR.JUSTICE B.V.PINTO CRL.P.NO. 10156/2011 Between: Janatha Co-Operative Credit Society Ltd., Bhatkal Branch, Bhatkal Represented by its Manager. Durgappa Lachmayya Naik, Age: 47 years. R/o. Venkatapur Bhatkal, Tal: Bhatkal. . . .Petitioner (By Sri. Sachin S. Magadum, Advocate) And: Nassemulgani, Sb. Ismail Shabandri, H.No.55, Rhalifa Street. Bhatkal, Uttar Kannada District. .. .Respondent Thjs criminal petition is filed under Section 482 of Cr.P.C. seeking to set aside the order dated 08/12/2010 passed in C.C.No.457/2006 on the file of Civil Judge Jr.Dn.) and JMF’C.. Bhatkal etc., This criminal petition coming on for orders this day, the court made the following: - — ORDER Heard Shri Sachin S. Magadum, the learned counsel appearing for the petitioner. 2. It is seen that the learned Magistrate has dismissed the complaint, after issuing the warrant and on observing that the complainant is absent. The complainant was absent only for one day i.e., on 08.12.2010. 3. Having regard to the facts of the case, I am of the opinion that the petition may be allowed. Accordingly the petition is allowed. The order dated 08.12.20 10, dismissing the complaint is set aside. The matter is remanded to the trail Court on payment of penalty of Rs.200/-. The learned Magistrate is directed to re-open the case and to proceed the matter in accordance with law. giving an opportunity to the complainant to secure the presence of the respondent and on payment of cost of Rs.200/- before the trial 3 Court, \\hich shall be on the first day of the appearance b\ the complainant. The petition is allowed. Sd/ JUDGE Rsh