- 1 - NC: 2025:KHC:15057 CRL.P No. 5000 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5000 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. NIDARSHAN JANARDHANA NUKUL S/O SRI N S JANARADHANA GUPTA, AGED ABOUT 49 YEARS, R/A NO. 130/1, 35TH CROSS, 15TH MAIN JAYANAGAR 4TH BLOCK, BANGALORE SOUTH - 560041 …PETITIONER (BY SRI. DEVARAJ G., ADVOCATE) AND: 1. SRI. N J NIRANJAN S/O SRI N S JANARDHANA GUPTA AGED ABOUT 51 YEARS, R/A NO. 130/2, 35TH CROSS, 15TH MAIN, JAYANAGAR 4TH BLOCK, (PATTABHIRAMANAGAR) BANGALORE - 560041. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DTD 21.03.2025 PASSED BY THE LEARNED MAGISTRATE IN CC.NO.11787/2019 AND PERMIT THE PETITIONER TO COMPLETE THE ARGUMENTS ON MAIN, PENDING BEFORE THE HONBLE 21st ACJM, AT BANGALORE IN CC.NO.11787/2019. 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:15057 CRL.P No. 5000 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner (accused), who is facing trial for an offence punishable under Section 138 of the Negotiable Instruments Act, has approached 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 address final arguments was rejected. After the conclusion of evidence, the matter was posted for arguments. On the scheduled date, the counsel for the petitioner failed to address the Court, and after hearing the counsel for the complainant, the matter was posted for pronouncement of judgment. 2. The petitioner subsequently filed an application seeking recall of the order recording the arguments of the accused as ‘nil’ and requested permission to address his arguments. However, the said application was rejected by the Trial Court. 3. Although sufficient opportunity was granted to the petitioner, he did not avail the same without assigning valid reasons. However, in the interest of justice and to prevent a possible miscarriage resulting in a conviction without hearing the defence, it is considered necessary to afford the petitioner one more opportunity to ensure a fair - 3 - NC: 2025:KHC:15057 CRL.P No. 5000 of 2025 trial, as envisaged under Article 21 of the Constitution of India. 4. Accordingly, the petition is allowed. The impugned order dated 21.03.2025 passed in C.C. No.11787/2019 by the learned 21st Additional Chief Judicial Magistrate, Bangalore, is hereby set aside. Consequently, the application filed under Section 311 of Cr.P.C. is allowed. 5. The petitioner is permitted to address his final arguments on 16.04.2025, failing which, the Trial Court shall proceed further in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 3 Sl No.: 40