- 1 - NC: 2025:KHC:4086 CRL.P No. 874 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 874 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI M ILIYAS AGED ABOUT 52 YEARS S/O M HUSSAIN PEERSAB R/AT IMAM MOHALLA OLD BAMBU BAZAR NEAR JAMIYA MASJID HARIHARA-577201. …PETITIONER (BY SRI. HAREESH BHANDARY T.,ADVOCATE) AND: SRI D HEMANTH RAJ S/O METHAI SIDDAPPA AGED ABOUT 65 YEARS OCC BUSINESS AND EX COUNCILR R/O SHIMOGA ROAD OPP VIJAYA BANK HARIHARA-577201. …RESPONDENT (BY SRI. R GOPAL., ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 31.03.2022 PASSED IN C.C.NO.1578/2016 BY THE COURT OF I ADDITIONAL CIVIL JUDGE AND J.M.F.C., HARIHARA AND THE ORDER DATED 03.08.2022 MADE IN CRL.RP.NO.36/2022 BUY THE COURT OF Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4086 CRL.P No. 874 of 2023 PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE AND DIRECT THE TRIAL COURT TO PROVIDE AN OPPORTUNITY TO THE PETITIONER TO CROSS EXAMINE PW-1 AND ADDUCE HIS SIDE EVIDENCE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following relief: "Set aside the order dated 31.03.2022 passed in C.C.No.1578/2016 by the Court of I Additional Civil Judge and JMFC, Harihara and the Order dated 03.08.2022 made in Crl.R.P.No.36/2022 by the Court of Principal District and Sessions Judge, Davanagere and direct the trial Court to provide an opportunity to the petitioner to cross examine PW.1 and adduce his side evidence." 2. Heard learned counsels for the parties and perused the material on record. 3. A perusal of the material on record will indicate that the respondent - complainant instituted proceedings in C.C.No.1578/2016 against the petitioner - accused for the offence punishable under Section 138 of the Negotiable Instruments Act, - 3 - NC: 2025:KHC:4086 CRL.P No. 874 of 2023 1881. In the said proceedings, the respondent examined himself as PW.1 but was not cross examined by the petitioner. Subsequently, the petitioner examined himself as DW.1 and at the stage of cross examination of DW.1, the petitioner filed an application to recall PW.1 for cross examination. The said application having been rejected by the trial Court vide impugned order dated 31.03.2022, the petitioner filed a revision petition in Crl.R.P.No.36/2022, which also came to be dismissed by the Sessions Court vide impugned order dated 03.08.2022. Aggrieved by the impugned orders passed by the trial Court and Sessions Court, the petitioner is before this Court by way of the present petition. 4. Though the material on record discloses that the petitioner has not been diligent in prosecuting the proceedings before the trial Court, I deem it just and appropriate to adopt a justice oriented approach and as a last chance, provide one more opportunity to the petitioner to cross examine PW.1 by issuing certain directions in this regard and setting aside the impugned orders. 5. In the result, the following: - 4 - NC: 2025:KHC:4086 CRL.P No. 874 of 2023 ORDER a. The petition is hereby allowed. b. The impugned order dated 31.03.2022 in C.C.No.1578/2016 on the file of the I Additional Civil Judge and JMFC, Harihar and the order dated 03.08.2022 in Crl.R.P.No.36/2022 on the file of the Principal District and Sessions Judge, Davanagere are quashed. c. The petitioner is directed to cross examine PW.1 on a date to be fixed by the trial Court without seeking any adjournment under any circumstances whatsoever. d. Liberty is also reserved in favour of the respondent - complainant to cross examine DW.1 before the trial Court. e. The trial Court is directed to complete the cross examination of both PW.1 and DW.1 and dispose of the proceedings within a period of three [3] months from the date of receipt of a copy of this order. - 5 - NC: 2025:KHC:4086 CRL.P No. 874 of 2023 All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB