- 1 - NC: 2025:KHC:18207 CRL.P No. 5556 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 5556 OF 2025 BETWEEN: SRI. BHARATHKUMAR C.C, S/O. SRI. CHANNEGOWDA, AGED ABOUT 46 YEARS, R/O. CHOWDENAHALLI VILLAGE, KANDEGALA POST, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU - 571 107. …PETITIONER (BY SRI. BASAVANNA K.M, ADVOCATE) AND: SRI. LOKESHA, S/O. SRI NALLURAIAH, AGED ABOUT 46 YEARS, R/O. CHOWDENAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU - 571 107. …RESPONDENT (BY SRI. PANCHAM R.D, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.03.2025 ON APPLICATION UNDER THE PROVISIONS OF SECTION 311 OF CRPC IN CC NO.938/2019 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, PERIYAPATNA FOR THE O/P/U/S 138 OF N.I ACT AS PER ANNEXURE A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:18207 CRL.P No. 5556 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the order passed by the Trial Court whereby the application filed under Section 311 of the Cr.P.C. for recalling D.W.1 for further examination-in-chief came to be rejected. 2. The petitioner is facing trial for an offence punishable under Section 138 of the Negotiable Instruments Act. Despite being granted an opportunity to lead further evidence, the petitioner did not avail the same, prompting the Trial Court to record the examination-in-chief of the accused as ‘Nil’ and to post the matter for cross-examination. 3. If the petitioner is not permitted to produce documents in support of his case, it is likely to result in a judgment of conviction. In order to ensure a fair trial, as envisaged under Article 21 of the Constitution of India, it would be appropriate to provide one more opportunity to the petitioner to lead his examination-in-chief. 4. Hence, I pass the following: ORDER i. Petition is allowed. ii. The impugned order dated 28.03.2025 passed by the Addl. Civil Judge and JMFC, Periyapatna in C.C.No.938/2019 on the application filed under - 3 - NC: 2025:KHC:18207 CRL.P No. 5556 of 2025 Section 311 of Cr.P.C. is hereby set aside and consequently the application is allowed. iii. The petitioner is permitted to lead examination-in- chief on the date summoned. Failing which, the Trial Court to proceed in accordance with law. iv. The Trial Court to conclude the trial within three month from the date of next date of hearing. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 34 CT: BHK