- 1 - NC: 2025:KHC:11211 CRL.P No. 950 of 2025 C/W CRL.P No. 954 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 950 OF 2025 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 954 OF 2025 (482(Cr.PC) / 528(BNSS)) IN CRL.P No. 950/2025: BETWEEN: MRS. C. V. MANJULA W/O. A. RAJESH, AGED ABOUT 44 YEARS, R/AT ANNA HOUSE NO. 163, 2ND PHASE, BESIDE WATER TANK, NISARGA LAYOUT, HOSAKOTE-562 114. ALSO AT:- MRS. C.V. MANJULA W/O. A. RAJESH, AGED ABOUT 44 YEARS, R/AT B.R.P. BEO OFFICE, OPPOSITE TO MALUR TALUK OFFICE, HOSUR MAIN ROAD, MALUR-563 130. …PETITIONER (BY SRI. RAJESH GOWDA, ADVOCATE) AND: SMT. K. R. OBAMMA, W/O. K. G. KRISHNA REDDY, AGED ABOUT 65 YEARS, R/AT NO. 1296, 1ST CROSS ROAD, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11211 CRL.P No. 950 of 2025 C/W CRL.P No. 954 of 2025 VIVEK NAGAR, GEETHA ROAD, EXTENSION, KGF-563 122. …RESPONDENT (BY SRI. JAGADISH J. R., ADVOCATE) THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE ADDL.SENIOR CIVIL JUDGE AND J.M.F.C AT K.G.F IN C.C.NO.969/2024 DATED 20.12.2024 BY ALLOWING THE APPLICATION UNDER 311 OF THE CODE OF THE CRIMINAL PROCEDURE FILED BY THE PETITIONER. IN CRL.P NO. 954/2025: BETWEEN: MR. A. RAJESH S/O. ANANTHA PADMANABHA, AGED ABOUT 49 YEARS, R/AT ANNA HOUSE, NO. 163, 2ND PHASE, BESIDE WATER TANK, NISARGA LAYOUT, HOSAKOTE-562 114, ALSO AT: MR. A. RAJESH, S/O. ANANTHA PADMANABHA, AGED ABOUT 49 YEARS, R/AT NO. 86, ANTHARAGANGE ROAD, KEELUKOTE, KOLAR-563 101. ...PETITIONER (BY SRI. RAJESH GOWDA.,ADVOCATE) AND: SMT. K R OBAMMA W/O. K. G. KRISHNA REDDY, AGED ABOUT 65 YEARS, R/AT NO. 1296, 1ST CROSS ROAD, VIVEK NAGAR, GEETHA ROAD EXTENSION, KGF-563 122. - 3 - NC: 2025:KHC:11211 CRL.P No. 950 of 2025 C/W CRL.P No. 954 of 2025 ...RESPONDENT (BY SRI. JAGADISH J. R., ADVOCATE) THIS CRL.P FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC AT KGF IN C.C.NO.970/2024 DATED 20.12.2024 BY ALLOWING THE APPLICATION U/S.311 OF CRPC FILED BY THE PETITIONER. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners in these petitions challenge the order passed by the trial Court, wherein the application filed by the petitioners—accused—under Section 311 of the Cr.P.C. to recall Pw.1 for cross-examination was rejected. 2. The respondent filed a complaint under Section 200 of the Cr.P.C. for the offence punishable under Section 138 of the NI Act. After the examination-in-chief of the complainants was completed, a case was set for the cross-examination of Pw.1. On 20.12.2024, the accused filed an exemption application and an application under Section 311 of the Cr.P.C. to recall Pw.1 for cross-examination. The complainant was present and stated that she had no objection to being cross- examined on the same day. However, the counsel for the accused requested additional time to cross-examine Pw.1, and the trial Court, having no alternative, proceeded to dismiss the application and posted the matter for further arguments. 3. The learned counsel for the parties were heard. - 4 - NC: 2025:KHC:11211 CRL.P No. 950 of 2025 C/W CRL.P No. 954 of 2025 4. It is admitted that the complainant, who was examined as Pw.1, has not been cross-examined. If the accused is not permitted to cross-examine Pw.1, the complainant’s testimony will remain unchallenged, potentially resulting in the conviction of the accused for the offence under Section 138 of the NI Act. To ensure a fair trial, as envisaged under Article 21 of the Constitution of India, it is appropriate to grant the accused one more opportunity to cross-examine Pw.1. 5. Accordingly, the following order is made: ORDER (i) The petitions are allowed. (ii) The impugned orders dated 20.12.2024, passed by the Additional Senior Civil Judge and JMFC at KGF in C.C. No. 969/2024 and C.C. No. 970/2024, on the applications filed under Section 311 of the Cr.P.C., are hereby quashed, and the applications are allowed. The petitioners/accused are permitted to cross-examine Pw.1 on the day she is summoned; failing which, the trial Court is directed to proceed in accordance with the law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NS CT:TSM/List No.: 1 Sl No.: 65