- 1 - NC: 2025:KHC:12054 CRL.P No. 3652 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3652 OF 2025 BETWEEN: SRI. V. HARI PRASAD REEDY, S/O. VANAM VENKATA REEDY, AGED ABOUT 36 YEARS, RESIDING AT ODC KADIRI MAIN ROAD, VADDIVARIPALLI, ODC SATHYA SAI DISTRICT - 515 561. AND ALSO AT NO.5/51, IDDEVANDLAPALLI VILLAGE, JOUKULAKOTTHAPALLI POST, AMADAGUR MANDAL, SRI. SATYA SAI DISTRICT, ANDHRA PRADESH - 515 561. …PETITIONER (BY SRI. MANJANNA M.S, ADVOCATE) AND: SRI. B. JAGADEESWAR S/O. NARAYANAPPA, AGED ABOUT 47 YEARS, RESIDING AT NO.1, DEVAGIRI ELITE, 7TH CROSS, 1ST BLOCK, JAYANAGAR, BANGALORE - 560 011. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE 21ST ADDL. CHIEF JUDICIAL MAGISTRATE AT BANGALORE CITY, IN CC.NO.27776/2023 DATED 06.02.2025 AT ANNEXURE-E. Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12054 CRL.P No. 3652 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who is facing trial for an offence punishable under Section 138 of the Negotiable Instrument Act, is before this Court. 2. The complainant was examined as PW.1, and the matter was scheduled for cross-examination. However, despite being granted several opportunities, the petitioner did not proceed with the cross-examination of PW.1 and treated it as nil. Subsequently, the petitioner filed an application under Section 311 of the Cr.P.C. to recall PW.1 for cross-examination, but the application was rejected. 3. Heard the learned counsel for the petitioner. 4. A perusal of the order sheet indicates that the matter was scheduled for the cross-examination of PW.1 on three occasions. The petitioner, without providing any valid reason, failed to cross-examine PW.1, leaving the trial Court with no option but to consider the cross-examination of PW.1 as closed. 5. If the petitioner is not permitted to cross-examine PW.1, the testimony of PW.1 will remain unchallenged, which will likely result in the conviction of the petitioner/accused. To - 3 - NC: 2025:KHC:12054 CRL.P No. 3652 of 2025 ensure a fair trial, as envisaged under Article 21 of the Constitution of India, it is appropriate to grant the petitioner one final opportunity to cross-examine PW.1. ORDER i. Accordingly, petition is allowed. The impugned order dated 06.02.2025, passed by the XXI Addl. Chief Judicial Magistrate at Bangalore City in C.C.No.27776/2023, is hereby set aside. ii. The application filed under Section 311 of the Cr.P.C., is allowed. The petitioner is permitted to cross- examine PW.1 on the date on which he is summoned. However, if the petitioner fails to do so, the trial court shall proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 9 CT: BHK