- 1 - NC: 2025:KHC:13369 CRL.P No. 4410 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. 4410 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: JAYANTHI W/O MADHU, AGED ABOUT 37 YEARS, C/O T M MANJEGOWDA, BEHIND LALITHAMMA COMPOUND, 5TH CROSS, SARASWATHIPURAM, HASSAN -573 201. …PETITIONER (BY SRI. HALESHA R G., ADVOCATE) AND: L.D HUVANNA S/O DYAVEGOWDA, AGED ABOUT 55 YEARS, R/O 1ST CROSS, SALAGAME ROAD, BAGADERAKOPPALU, HASSAN-573 202. …RESPONDENT (BY SRI. ., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED ORDER 18.10.2023 MADE ON APPLICATION FILED UNDER SEC.311 CR.PC U/S 348 BNSS, 2023 FOR RECALLING THE PW1 FOR FURTHER CROSS EXAMINATION IN C.C.NO.5339/2018 PENDING ON THE FILE OF THE 5TH ADDL. CIVIL JUDGE AND J.M.F.C HASSAN BY ALLOWING THE APPLICATION AS PRAYED. Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - NC: 2025:KHC:13369 CRL.P No. 4410 of 2025 THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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, wherein the application filed under Section 311 Cr.P.C. for further cross-examination of PW1 (the complainant) was rejected. 2. The petitioner had cross-examined PW1. After the cross-examination of PW1, the matter was set for arguments. Since the accused did not choose to lead defence evidence, the petitioner/accused later filed an application under Section 311 Cr.P.C. to recall PW1 for further cross-examination, stating that the original cheque had not been confronted to the complainant. The Trial Court dismissed the application, stating that despite being granted sufficient time, the petitioner did not choose to further cross-examine PW1. 3. The petitioner intends to further cross-examine the complainant, stating that the original cheque was not available in the record at the time of cross-examination, and therefore it is necessary to further cross-examine PW1 to confront the original cheque. Accordingly, the petition is allowed. - 3 - NC: 2025:KHC:13369 CRL.P No. 4410 of 2025 ORDER (i) The criminal petition is allowed. (ii) The impugned order dated 18.10.2023, passed by the V Additional Civil Judge and JMFC, Hassan, on the application filed under Section 311 Cr.P.C. is hereby set aside, and the application is allowed. (iii) The petitioner is permitted to cross-examine PW1 on the date on which he is summoned, failing which, the Trial Court shall proceed in accordance with the law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BH List No.: 1 Sl No.: 51