I IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 7th DAY oF MARCH 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRL.P.NO. 10210/2011 S V KAMOJI, CLASS-I CONTRACTOR AND ENGINEER, R/O: NEAR SAIBABA MATH, AIR ROAD, DHARWAD. RESPONDENT THIS CRIMINAL CR.P.C. SEEKING TO 20.09.2010 PASSED IN COURT, HUBLI, VIDE PRIVATE COMPLAiNT. PETITION IS FILED U/S 482 OF SET ASIDE THE ORDER DATED P.C.NO.451/2009 BY THE JMFC II ANNEXURE—B AND RESTORE THE BE PvVEEN SMT. G DEVAKI W/O. YOGANAND, AGE:27 YEARS, OCC:ENGINEER & CONTRACTOR, R/O: BLUE STAR COMPLEX, NEELIGIN ROAD, HUBLI, DIST: DHARWAD. PETITIONER (By Sri. DINESH M KULKARNI, ADV.) AND THiS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard petitioners counsel. Submission made by the petitioners counsel is that, in respect of the complaint that is lodged alleging offence u/s 138 of the N.I.Act, the Trial Court dismissed the complaint on 20.9.10 on the ground that the complainant was absent and there was no representation. Submission made by the petitioners counsel is that, the petitioner could not keep a track of the court proceedings because the Presiding Officer was on O.O.D during different periods and it is evident from the order sheet that is produced at Annex-B to this petition and therefore the dismissal of the complaint is erroneous and the petitioner therefore be given an opportunity to place his sworn statement as the petitioner has got a good case on merits. 2. Having thus heard the petitioners counsel and on a perusal of the order sheet, it is noticed that the Presiding Officer of the Fast Track Court was on O.O.D during different periods, i.e. for nearly 2’/2 months at various intervals and therefore it is likely that the petitioner might have lost track of the actual court proceedings and under the said circumstances, the impugned order requires to be set aside and the court will have to be directed to proceed with the matter in accordance with law. 3. In the result, the petition is allowed and the order dated 20.9.10 passed in P.C.No.451/089 by the JMFC II Court, Hubli is set aside directing the Trial Court to proceed with the matter from the stage of dismissal in accordance with law. Sd! Dvr: 3UDGE