- 1 - HC-KAR NC: 2025:KHC:22182 CRL.P No. 2906 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2906 OF 2024 BETWEEN: SUVARNAMMA D/O LATE CHIKKAPUTTAIAH, AGED ABOUT 42 YEARS, WORKING IN THE OFFICE OF THE DGP, CID SE SQUAD CARLTON HOUSE, PALACE ROAD, BANGALORE - 560001 …PETITIONER (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND: SANJAY H.K. S/O LATE KRISHNAPPA, AGED ABOUT 38 YEARS, R/AT RIVER STREET OFFICE, MADDUR TOWN, MANDYA – 571428 …RESPONDENT (BY SRI. BHASKAR GOWDA N.M., ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC PRAYING TO CALL FOR RECORDS IN C.C. NO.1068/2022 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, MADDUR AND SET ASIDE THE ORDER DATED 01.03.2024 PASSED ON APPLICATION FILED UNDER SECTION 311 OF THE CR.P.C TO RECALL THE WITNESS IN C.C.NO.1068/2022 BY THE ADDL. CIVIL JUDGE AND JMFC, MADDUR. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22182 CRL.P No. 2906 of 2024 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 This petition by the accused in C.C. No.1068/2022 is directed against the impugned order dated 01.03.2024 whereby the application filed by the petitioner under Section 311 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') to recall the witness sought for in the application was rejected by the Trial Court. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. A perusal of the material on record will indicate that the respondent having instituted proceedings against the petitioner / accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, the respondent examined the Bank Manager as a witness who was not cross-examined by the petitioner, who subsequently, filed an application under Section 311 of Cr.P.C. to recall the said witness. In the said application, the petitioner/accused sought for recall of the said witness for the purpose of cross-examination and thereafter, proceed in - 3 - HC-KAR NC: 2025:KHC:22182 CRL.P No. 2906 of 2024 accordance with law. The said application having been rejected by the Trial Court, the petitioner is before this Court by way of the present petition. 4. A perusal of the impugned order will indicate that the Trial Court has adopted a hypertechnical approach in refusing to permit the petitioner to adduce further evidence by rejecting the application. However, having regard to the fact that the learned counsel for the petitioner specifically submits that if one more opportunity is provided, the petitioner would proceed with the case which may be decided within a stipulated time frame, I deem it just and appropriate to adopt a justice-oriented approach and set aside the impugned order and allow the application by issuing certain directions. 5. In the result, I pass the following: ORDER (i) The Petition is hereby allowed. (ii) The impugned order dated 01.03.2024 passed by the Additional Civil Judge and JMFC., Maddur, in C.C No.1068/2022 is hereby set aside. - 4 - HC-KAR NC: 2025:KHC:22182 CRL.P No. 2906 of 2024 (iii) The application filed by the petitioner under Section 311 of Cr.P.C. stands allowed subject to the condition that the petitioner / accused shall adduce further evidence on a date to be fixed by the Trial Court without seeking any adjournment under any circumstances whatsoever. (iv) The Trial Court is directed to dispose of the proceedings within six months from the date of receipt of a copy of this order. (v) 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 SMA List No.: 2 Sl No.: 5