- 1 - HC-KAR NC: 2025:KHC:22481 CRL.P No. 7595 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7595 OF 2025 BETWEEN: SRI. PRASANNA C, S/O CHINNASWAMY S, AGE ABOUT 52 YEARS, R/AT NO. 224, SHREE KRUPA, GROUND FLOOR, JUDICIAL LAYOUT, 2ND PHASE, 7TH MAIN, THAGHATTAPURA, OFF KANAKAPURA ROAD, BENGALURU - 560 062. …PETITIONER (BY SRI. SANTOSH RAJ URS B.Y, ADVOCATE) AND: M/S. REDDY'S CHITS PVT. LTD., OFFICE AT NO. 19, 2ND FLOOR, BKM PLAZA, 5TH B MAIN, TATA SILK FARM, K R ROAD, BENGALURU - 560 070, REPRESENTED BY ITS MANAGER, SRI. V. RAJEEV REDDY. …RESPONDENT (BY SRI. RAGHAVENDRA C.N, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1) SET ASIDE THE ORDER DATED 22.05.2025 PASSED BY THE HONBLE XXVII ADDL. CJM, BANGALORE CITY IN C.C.NO.24401/2024 ON THE APPLICATION FILED BY THE PETITIONER U/S 311 OF CR.P.C. AS PER ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22481 CRL.P No. 7595 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition, by the accused in C.C.No.24401/2024, is directed against the impugned order dated 22.5.2025, passed by the XXVII ACJM, Bengaluru, whereby the application filed by the petitioner/accused, to recall PW.1 for further cross examination, was rejected. 2. Heard learned counsel for the petitioner and the learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record would indicate that, in the aforesaid proceedings, instituted by the respondent- complainant against the petitioner-accused for the offence punishable under Section 138 of N.I. Act, the respondent examined one witness as PW.1 and, the application filed by the accused to cross examine PW.1 was allowed by the trial Court, pursuant to which, the petitioner did not choose to cross examine PW.1, as a result of which, the trial Court posted the matter for judgment. Thereafter, the instant application came to be filed to recall PW.1 for further evidence, which application - 3 - HC-KAR NC: 2025:KHC:22481 CRL.P No. 7595 of 2025 came to be rejected by the trial Court vide the impugned order, which is assailed by the petitioner in this petition. 4. Learned counsel for the petitioner submits that, the matter is posted before the trial Court for judgment and, if the present petition is allowed, by setting aside the impugned order by providing one more opportunity to the petitioner, the petitioner would further cross examine PW.1 within a period of ten days from today and thereafter, the trial Court may be directed to dispose of the proceedings as expeditiously as possible. 5. Per contra, learned counsel for the respondent- complainant submits that, he has no objection for the present petition being allowed, impugned order being set aside and granting permission to the petitioner to recall PW.1 for further evidence, subject to the condition that, the petitioner examines PW.1 within a period of ten days from today, reserving liberty in favour of the respondent thereafter to cross examine DW.1 and a direction be issued to the trial Court to complete the proceedings as expeditiously as possible. - 4 - HC-KAR NC: 2025:KHC:22481 CRL.P No. 7595 of 2025 6. In view of the aforesaid facts and circumstances and, the joint submission made by counsel appearing on both sides, without expressing any opinion on the merits/demerits of the rival contentions, I deem it appropriate to adopt a justice oriented approach and set aside the impugned order and allow the application filed by the petitioner under Section 311 Cr.P.C., and permit the petitioner to cross examine PW.1 subject to certain directions being issued in this regard. 7. In the result, I pass the following order : ORDER i) Petition is allowed; ii) The impugned order dated 22.5.2025, passed in C.C.No.24401/2024, by the XXVII ACJM, Bengaluru, is hereby set aside; iii) The application filed by the petitioner under Section 311 Cr.P.C., seeking permission to recall PW.1 for further cross examination is hereby allowed and the petitioner is permitted to cross examine PW.1 within a period of 10 days from today, on the date to be fixed by the trial Court. - 5 - HC-KAR NC: 2025:KHC:22481 CRL.P No. 7595 of 2025 iv) It is made clear that in the event, the petitioner fails to further cross examine PW.1 on the next date of hearing to be fixed by the trial Court, as stated supra, the present order stands automatically recalled and the application filed by the petitioner shall stand dismissed. v) Liberty is reserved in favour of the respondent to thereafter cross examine DW.1. vi) The trial Court is directed to fix the date for cross examination of PW.1 and, thereafter conclude the proceedings and dispose of the matter within a period of three months from the date of receipt of a copy of this order. vii) All rival contentions between the parties are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE rs CT: BHK