- 1 - NC: 2025:KHC:16043 CRL.P No. 4401 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4401 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI T BHASKAR NAIDU S/O LATE SIDDAIAH NAIDU, AGED ABOUT 63 YEARS, NO. 379, 14TH CROSS ROAD, POORNA PRAJNA LAYOUT, SUBRAMANYAPURA POST, UTTARAHALLI, BENGALURU-560 061, CEL:9449063034 (KONANKUNTE POLICE) …PETITIONER (BY SRI. SAMEER S N., ADVOCATE) AND: 1. SMT UMA UDUPA K S W/O SRI SATHISH UDUPA K.S. AGED ABOUT 47 YEARS, R/AT NO.1127, ANAJANAPURA 2ND BLOCK, BENGALURU-560 108 CELL 9740891716. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE HONBLE XXI ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU DATED 14.03.2025. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16043 CRL.P No. 4401 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who is facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act, is before this Court challenging the order passed by the Trial Court, whereby the application filed under Section 311 of the Cr.P.C. seeking permission to lead defence evidence was rejected. 2. After the evidence of PW1 (complainant) was recorded, the matter was set down for defence evidence. However, the accused, without showing sufficient cause, failed to lead any evidence. Consequently, the Trial Court, left with no option, posted the matter for arguments. At that stage, the petitioner filed an application seeking permission to lead defence evidence, which the Trial Court rejected, and proceeded to post the matter for judgment. However, in the interest of justice and to prevent a possible miscarriage resulting in a conviction without hearing the defence evidence, it is considered necessary to afford the petitioner one more opportunity to ensure a fair trial, as envisaged under Article 21 of the Constitution of India. 3. Accordingly, the petition is allowed. The impugned order dated 14.03.2025 passed on the application filed under Section 311 of Cr.P.C. in C.C. No.16116/2024 by the learned XXI Additional Chief Judicial Magistrate, Bengaluru, is hereby set aside, and the application is allowed. - 3 - NC: 2025:KHC:16043 CRL.P No. 4401 of 2025 4. The petitioner is permitted to lead defence evidence on the next date of hearing, failing which the Trial Court shall proceed in accordance with law. 5. This order is subject to the petitioner paying a sum of Rs.10,000/- as cost to the complainant on the next date of hearing. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 184