- 1 - NC: 2025:KHC:889 CRL.P No. 3973 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3973 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI.E. DINESH AGED ABOUT 36 YEARS, S/O ERANNA, NO.1-704, KSRTC, CONDUCTOR BADGE NO.3429, KUVEMPU NAGAR BUS DEPOT, KUVEMPU NAGAR, MYSURU-570034 …PETITIONER (BY SRI. SHRIDHARAMURTHY H R., ADVOCATE) AND: SRI. SRIDHARA AGED ABOUT 62 YEARS, S/O P R KRISHNA MURTHY, LIG NO.65, 2ND CROSS, KHB COLONY, MYSURU-570034 …RESPONDENT (BY SRI. HEMANTH KUMAR G M., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 03.03.2023 PASSED IN C.C.NO.1361/2019 BY IV J.M.F.C. COURT, MYSURU AND CONSEQUENTLY ALLOW THE APPLICATION FILED U/S 311 OF CR.P.C. BY THE PETITIONER IN C.C.NO.1361/2019 PENDING ON THE FILE OF IV J.M.F.C. COURT, MYSURU, FOR THE OFFENCE P/U/S 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:889 CRL.P No. 3973 of 2023 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition filed by the accused in C.C.No.1361/2019 is directed against the impugned order dated 03.03.2023 passed in C.C.No.1361/2019 by the IV JMFC, Mysuru, whereby the application filed by the petitioner/accused under Section 311 of Cr.P.C was rejected by learned Magistrate. 2. A perusal of the material on record will indicate that the respondent-complainant having instituted proceedings under Section 138 of Negotiable Instruments Act, 1881, against the petitioners, the respondent examined himself as PW-1 and was cross-examined by the petitioner and subsequently, the petitioner filed a recall application for further cross-examination of PW-1. The said application having been rejected by the trial Court, the petitioner is before this Court by way of the present petition. 3. A perusal of the impugned order will indicate that the trial Court has come to the conclusion that the petitioner had been unnecessarily delaying the proceedings. However, in the light of the specific submission made by learned counsel for the petitioner that if one more opportunity is provided, he would cross-examine - 3 - NC: 2025:KHC:889 CRL.P No. 3973 of 2023 PW-1 on the date to be fixed by the trial Court without seeking any adjournment under any circumstances whatsoever, I deem it just and appropriate to adopt justice oriented approach and set aside the impugned order and allow the application filed by the petitioner under Section 311 of Cr.P.C. by permitting the petitioner to further cross-examine PW-1 without seeking any adjournment under any circumstances whatsoever and imposing cost of Rs.5,000/- payable by the petitioner to the respondent on the next date of hearing before the trial Court. 4. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The order dated 03.03.2023 passed in C.C.No.1361/2019 by IV JMFC, Mysuru is hereby set aside. iii) Consequently, interlocutory application under Section 311 of Cr.P.C filed before the IV JMFC, Mysuru is hereby allowed subject to payment of cost of Rs.5,000/- by the petitioner to the respondent. - 4 - NC: 2025:KHC:889 CRL.P No. 3973 of 2023 iv) Petitioner shall complete cross-examination PW-1 on the date of hearing as fixed by the trial Court without seeking any adjournment under any circumstances whatsoever. v) The trial Court is directed to conclude the proceedings within a period of two months from the date of receipt of copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 6