- 1 - NC: 2025:KHC:2628 CRL.P No. 5985 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5985 OF 2024 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SRI NAGARAJAIAH H S/O HONNAMARAPPA AGED ABOUT 55 YEARS NO. 52 BDA CHIKKEGOWDANA PALYA TALAGATTAPURA BANGALORE 560 062 …PETITIONER (BY SRI. RAVIKUMARA B R.,ADVOCATE) AND: KARUHINA SETTY SOUHARDA CREDIT CO OPERATIVE LTD NO. 166E, SRI NEELAKANTESHWARA BUILDING 1ST FLOOR, 1ST MAIN ROAD VIDYANAGAR NAGARA MAGADI ROAD BENGALURU 560 023 REP BY ITS CEO K NAGARAJA SHASTRY …RESPONDENT (BY SRI. MARUTHI G B.,ADVOCATE) THIS CRIMINAL PETITION FILED U/S. 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 14.06.2024 VIDE ANNEXURE-A PASSED BY THE LEARNED HONBLE XL A.C.M.M JUDGE, BENGALURU IN C.C.NO.25831/2023 FOR THE OFFENCE P/U/S 138 OF N.I ACT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2628 CRL.P No. 5985 of 2024 AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER HEREIN UNDER SEC.311 OF CR.PC TO RECALL THE PW1 FOR THE PURPOSE OF FURTHER CROSS EXAMINATION VIDE ANNEXUE-C. THIS CRIMINAL 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 CC No.25831 of 2023 on the file of the XL Additional Chief Metropolitan Magistrate Judge, Bangalore is directed against the impugned order dated 14.06.2024, whereby the application filed by the petitioner-accused under Section 311 Cr.P.C. to recall PW-1 for further cross-examination was rejected by the trial Court. 2. A perusal of the material on record would indicate that the respondent-complainant having instituted the aforesaid proceeding against the petitioner-accused for the offence punishable under Section 138 of the Negotiable Instruments Act, the respondent-complainant examined himself as PW-1 and was partially cross-examined by the petitioner-accused. - 3 - NC: 2025:KHC:2628 CRL.P No. 5985 of 2024 3. Subsequently, the petitioner-accused filed the instant application under Section 311 of the Cr.P.C., seeking permission to recall PW-1 for further cross- examination on the ground due to ceremonies in his family, the petitioner could not complete the cross- examination of PW-1. The trial Court rejected the said application by passing the impugned order which is assailed in the present petition. 4. Learned counsel for respondent-complainant on instruction submits that in the event the petitioner cross- examines PW-1 on the next date of hearing to be fixed by the trial Court, which may be directed to dispose of the proceedings expeditiously without seeking any adjournments under any circumstance whatsoever, the impugned order may be set aside and the petitioner may be permitted to cross-examine PW-1 as a last chance. Submission is placed on record. 5. In view of the aforesaid facts and circumstances and the fair submission made by the learned counsel on - 4 - NC: 2025:KHC:2628 CRL.P No. 5985 of 2024 behalf of the respondent-complainant, by adopting a justice oriented approach, I deem it just and appropriate to set aside the impugned order dated 14.06.2024 and allow the application filed by the petitioner under Section 311 of the Cr.P.C. and permit the petitioner to cross- examine PW-1 finally on the date to be fixed by the trial Court without seeking any adjournments under any circumstances whatsoever. Hence, I pass the following; ORDER i. The petition is hereby allowed. ii. The impugned order 14.06.2024 in C.C.No.25831/2023 passed by XL Additional Chief Metropolitan Magistrate Judge, Bangalore is hereby set aside. iii. The application filed by the petitioner under Section 311 of Cr.P.C., is hereby allowed, subject to the condition that the petitioner shall cross-examine PW-1 without seeking any - 5 - NC: 2025:KHC:2628 CRL.P No. 5985 of 2024 adjournments on the date of hearing to be fixed by the trial Court in this regard. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SR List No.: 1 Sl No.: 1