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2021 (8) TMI 658 - KARNATAKA HIGH COURTMaintainability of Petition - availability of an alternative remedy of filing an appeal - the complaint filed by the petitioner was dismissed for non prosecution - HELD THAT:- If the petition is rejected, it would resulted in miscarriage of justice. Availability of an alternative remedy of filing an appeal is not an absolute bar in entertaining a petition under Section 482 of the Code. Trial court has dismissed the complaint on technical ground and therefore, interests of justice required this Court to exercise its jurisdiction to set aside the order of the trial court so that the trial court can proceed with the trial on merits. Though the statement of the petitioner that for the last few hearings, the petitioner could not attend the hearing before the court below due to personal and health issues and he had lost the contact details of the counsel on record, does not evoke confidence of the court, the matter could be restored on terms - Resultantly, the petition is allowed. The complaint is restored to file on payment of cost of ₹ 1,000/- to the respondent-accused - The court below shall take up the matter at the stage it was dismissed for non prosecution.
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