- 1 - NC: 2025:KHC:14504 CRL.P No. 5030 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5030 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR KISHORE R BHANDARY S/O. NARAYANA BHANDARY, AGED ABOUT 41 YEARS, R/AT 1-115, DURGA PRASAD HOUSE, NEAR FISHERIES COLLEGE, GORIGUDDA, MANGALUR-575 002. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA., ADVOCATE) AND: 1. MR KAMALAKSHA SHET AGED ABOUT 61 YEARS, S/O. ANANDA SHET, R/AT 2B-86, KAMAKSHI NILAYA, 76 BADAGBUBETTU, 4TH MAIN ROAD, INDIRA NAGARA, KUKKIKATEE, UDUPI-576 101. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 01.04.2025 PASSED BY THE HONBLE JMFC V COURT, DAKSHINA KANNADA, MANGALURU IN C.C.NO.741/2023 FOR THE OFFENCE P/U/S 138 OF N.I. ACT, 1881, REJECTING THE APPLICATION DATED 29.03.2025 FILED BY THE PETITIONER U/S 311 OF CR.P.C., 1973 TO RECALL PW.1 FOR THE PURPOSE OF CROSS EXAMINATION VIDE DOCUMENT NO.04 AND GRANT SUCH Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14504 CRL.P No. 5030 of 2025 OTHER AND FURTHER RELIEFS AS THIS HONBLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the order passed by the Trial Court rejecting his application under Section 311 of the Cr.P.C. to recall PW‑1 for further cross‑examination. 2. After the examination‑in‑chief of PW‑1, the matter was set down for his cross‑examination; however, on that date the petitioner failed to cross‑examine PW‑1, and the Trial Court thereupon permitted the defence to commence its evidence. 3. Although the petitioner was not diligent in cross‑examining PW‑1 at the first opportunity, fairness requires that he be granted one further chance. If PW‑1’s testimony remains uncontroverted, it may prejudice the petitioner’s defence. Therefore, it is appropriate to allow the petitioner one more opportunity to cross‑examine PW‑1. 4. Accordingly, the petition is allowed. The impugned order dated 01.04.2025 in CC No. 741/2023 is - 3 - NC: 2025:KHC:14504 CRL.P No. 5030 of 2025 set aside, and the petitioner’s application under Section 311 Cr.P.C. is hereby allowed. The petitioner shall be permitted to cross‑examine PW‑1 on the date on which he is summoned; failing which, the Trial Court shall proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 3