- 1 - NC: 2025:KHC:13393 CRL.P No. 4245 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4245 OF 2025 BETWEEN: 1. SRI MANOJ S S/O. SRI. SIDDE GOWDA AGED ABOUT 39 YEARS R/AT NO.47, 10TH MAIN ROAD, S. K LAYOUT, JNANJYOTHINAGARA, BENGALURU-560056. …PETITIONER (BY SRI. JAGADEESHA GOWDA, ADVOCATE) AND: 1. SRI RAJU K AGED ABOUT 66 YEARS, R/AT NO.57, 3RD MAIN, 1ST CROSS, NEW KEMPEGOWDA LAYOUT, BSK 3RD STAGE, BENGALORE-560085. ALSO AT THE DIRECTOR M/S. BHOOSIRI CHITS PRIVATE LTD, NO.11, 1ST FLOOR, DATTAREYA ROAD, NEAR NATIONAL CO-OPERATIVE BANK LTD, BASAVANAGUDI, BENGALURU-560004. …RESPONDENT Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13393 CRL.P No. 4245 of 2025 THIS CRL.P IS FILED U/S. 482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.03.2025, PASSED BY THE LEARNED XXI ACJM AT BENGALURU ON INTERIM APPLICATION FILED BY THE PETITIONER IN PCR NO.14000/2020 CONSEQUENTLY IN C.C.NO.4157/2021 PRODUCED AT ANNEXURE A AND ETC. 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 - complainant is before this Court challenging the order passed by the Trial Court, wherein the application filed under Section 311 of Cr.PC to recall DW1 came to be rejected. 2. After the examination-in-chief of DW1, the matter was set out for cross-examination of DW1. 3. The petitioner states that since the certified copy of the examination-in-chief of DW1 was not available in that circumstances, he did not examine DW1. If the petitioner is not permitted to cross-examine DW1, the testimony would remain un-controverted, which may result in acquittal of the accused, and thus monetary loss to the petitioner would be caused. Therefore, it is appropriate to grant one more opportunity to the petitioner to cross-examine DW1. - 3 - NC: 2025:KHC:13393 CRL.P No. 4245 of 2025 4. Accordingly, the petition is allowed. The impugned order dated 3.3.2025 passed on the application filed under Section 311 of Cr.PC by the petitioner in CC No.4157/2021 is set aside, and the application is allowed permitting the petitioner to cross examine DW1 on the date on which he summoned, failing which, the Trial Court to proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 186