- 1 - NC: 2025:KHC:3469 CRL.P No. 5686 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5686 OF 2023 BETWEEN: SMT. VIJAYALAKSHMI URS., W/O SRI. B.T. SHANKAR RAJ URS, AGED ABOUT 76 YEARS, R/AT PLOT NO.C-101, RENNAISSANCE PARK - 3, MALLESHWARAM WEST, MILK COLONY, BANGALORE - 560 055. …PETITIONER (BY SRI. MOHAN K N., ADVOCATE) AND: MR. DEEPAK N RAO, S/O SRI. H. NAGESH, AGED ABOUT 43 YEARS, R/AT NO.41, AVIGHNA VIHAR, 2ND MAIN, 7TH CROSS, NEAR RAITHRU SANTHEY KHB COLONY, GANDHINAGAR, YELAHANKA OLD TOWN, YELAHANKA, BANGALORE - 560 064. …RESPONDENT (BY SRI.G.R.SANTOSH, ADVOCATE) THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 07.06.2023 ON APPLICATION FILED U/S.91 OF CRPC IN C.C.NO.50912/2020 PASSED BY THE COURT OF Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3469 CRL.P No. 5686 of 2023 THE XXXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the accused in C.C.No.50912/2020 for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as 'NI Act' for short), is directed against the impugned order dated 07.06.2023, passed by XXXIV Addl. Chief Metropolitan Magistrate at Bengaluru, whereby the application filed by the petitioner under Section 91 of the Cr.P.C., seeking a direction to the respondent-complainant to produce the bank statements in relation to his accounts at the HDFC Bank, Canara Bank, ICICI Bank, State Bank of India and Karnataka Bank at Shimoga for the period from 01.04.2016 to 13.03.2023, was rejected by the trial court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. - 3 - NC: 2025:KHC:3469 CRL.P No. 5686 of 2023 3. Learned counsel for the respondent-complainant, on instructions, submits that if reasonable time is granted, the respondent would furnish the bank statements as sought for by the petitioner-accused before the trial court, within a period of two weeks from the date of receipt of a copy of this order and the trial court may be directed to proceed further with the matter and conclude the proceedings as expeditiously as possible and the impugned order may be set aside and the application filed by the petitioner may kindly be allowed accordingly. 4. Learned counsel for both sides submit that the matter is posted before the trial court today, i.e., 27.01.2025, and necessary directions may be issued to the trial court. 5. In view of the aforesaid facts and circumstances and the submissions made by both sides, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and proper to dispose off this petition by modifying the impugned order dated 07.06.2023, and allow the application filed by the petitioner-accused under Section 91 of the Cr.P.C., and direct the respondent-complainant to produce the - 4 - NC: 2025:KHC:3469 CRL.P No. 5686 of 2023 bank statements sought for by the petitioner, within a period of two weeks from the date of receipt of a copy of this order. 6. In the result, I pass the following: Order i) The petition is hereby disposed off. ii) The trial court is directed to receive the records to be produced by the respondent and proceed further and conclude the proceedings within a period of 3 months from the date of receipt of copy of this order. iii) All rival contentions on all the aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE RD