- 1 - NC: 2025:KHC:10741 CRL.P No. 3479 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3479 OF 2025 BETWEEN: SRI. S. VIJAYAKUMAR SON OF SRI. N. SHANKAR, AGED ABOUT 48 YEARS, RESIDING AT NO.23, 5TH MAIN, J.P. NAGAR 1ST PHASE, BENGALURU-560 078. …PETITIONER (BY SRI. S. VENUGOPALA, ADVOCATE) AND: SRI. LOKESH MURTHY L.G., AGED ABOUT 50 YEARS, RESIDING AT BHOOMIKA NILAYA, OPP. VIDHYASHANKAR PUBLIC SCHOOL, 5TH CORSS ROAD, ADDIGANAHALLI-RAJANUKUNATE, HESARAGHATTA HOBLI, BENGALURU-560 064. …RESPONDENT THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO A. SET ASIDE THE IMPUGNED ORDER DATED 18.02.2025 PRODUCED AT ANNEXURE-A PASSED IN CC NO.9304/2021 BY THE 21ST ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU, CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE COMPLAINANT UNDER SECTION 348 OF THE BNSS, 2023 AND U/S 311 OF CR.PC ANNEXURE-B, SEEKING RECALL OF DW1 FOR CROSS EXAMINATION. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10741 CRL.P No. 3479 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner has filed a complaint under Section 200 Cr.P.C., for the offence punishable under Section 138 of the Negotiable Instruments Act. 2. After the evidence of the complainant was closed, the accused laid defence evidence and after his examination- in-chief, the matter was set out for cross-examination on 17.01.2025. On the said date, the complainant and his counsel were not present and therefore, the trial Court treated the cross-examination of DW 1 as nil and posted the matter for arguments. 3. The petitioner and his counsel were not present only on one occasion and therefore, the trial Court should have provided another opportunity to the petitioner to cross- examine D.W.1. In the event the petitioner is not permitted to cross-examine D.W.1, the testimony of D.W.1 would remain unchallenged and would likely result in dismissal of the complaint which would cause prejudice to the petitioner/complainant. No prejudice would be caused to the respondent/accused if the complainant is granted one more opportunity to cross-examine D.W.1. - 3 - NC: 2025:KHC:10741 CRL.P No. 3479 of 2025 4. Accordingly, Petition is allowed. The impugned order dated 18.02.2025 passed in C.C.No.9304/2021 by the XXI Addl. Chief Judicial Magistrate, Bengaluru, on the application filed under Section 311 of Cr.P.C., is hereby set aside and the application is allowed. Petitioner is permitted to cross-examine respondent/accused on the date on which he is summoned, failing which, the trial Court to proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BNV List No.: 1 Sl No.: 68 CT:SNN