- 1 - NC: 2025:KHC:3620 CRL.P No. 8981 of 2023 C/W CRL.P No. 8975 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. 8981 OF 2023 C/W CRIMINAL PETITION NO. 8975 OF 2023 IN CRL.P No. 8981/2023 BETWEEN: SRI. M.R.R TAGORE, S/O RAMAIAH M.S., AGED ABOUT 63 YEARS, R/AT NO.3313, 7TH CROSS, 13TH MAIN, HAL 2ND STAGE, INDIRANAGAR, BANGALORE - 560 038. …PETITIONER (BY SRI. SREEDHARA H. R., ADVOCATE) AND: 1. SREE GOWRI GANESHAA CHITS PVT. LTD., & ANR. REGISTERED AND CORPORATE OFFICE AT NO.307, 1ST FLOOR, 2ND MAIN, 7TH CROSS, DOMLUR LAYOUT, BANGALORE - 560 071. REPRESENTED BY ITS AUTHORIZED SIGNATORY/ MANAGING DIRECTOR SRI. M. LOKESH REDDY. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3620 CRL.P No. 8981 of 2023 C/W CRL.P No. 8975 of 2023 2. M. LOKESH REDDY, AUTHORISED SIGNATORY/ MANAGING DIRECTOR OF SREE GOWRI GANESHAA CHITS PVT. LTD., & ANR. REGISTERED AND CORPORATE OFFICE AT NO.307, 1ST FLOOR, 2ND MAIN, 7TH CROSS, DOMLUR LAYOUT, BANGALORE - 560 071. …RESPONDENTS (BY SRI. V. B. RAVISHANKER., ADVOCATE FOR R1 AND R2) THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18.08.2023 PASSED IN CRL.RP. NO.25012/2023 PASSED BY THE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-75), VIDE ANNEXURE - A BY ALLOWING THIS CRIMINAL REVISION PETITION. IN CRL.P NO. 8975/2023 BETWEEN: SRI. M R R TAGORE, SON OF RAMAIAH M.S., AGED ABOUT 63 YEARS, RESIDING AT NO.3313, 7TH CROSS, 13TH MAIN, HAL 2ND STAGE, INDIRANAGAR, BANGALORE - 560 038. ...PETITIONER (BY SRI. SREEDHARA H R., ADVOCATE) AND: 1. SREE GOWRI GANESHAA CHITS PVT LTD., REGISTERED AND CORPORATE OFFICE AT NO.307, 1ST FLOOR, 2ND MAIN, - 3 - NC: 2025:KHC:3620 CRL.P No. 8981 of 2023 C/W CRL.P No. 8975 of 2023 7TH CROSS, DOMLUR LAYOUT, BANGALORE - 560 071. REPRESENTED BY ITS AUTHORIZED SIGNATORY/ MANAGING DIRECTOR, SRI. M. LOKESH REDDY. 2. SRI. M. LOKESH REDDY, AUTHORISED SIGNATORY/ MANAGING DIRECTOR OF SREE GOWRI GANESHAA CHITS PVT LTD., & ANR, REGD. & CORPORATE OFFICE AT NO.307, 1ST FLOOR, 2ND MAIN, 7TH CROSS, DOMLUR LAYOUT, BANGALORE - 560 071. ...RESPONDENTS (BY SRI. V B RAVISHANKER., ADVOCATE) THIS CRL.P. IS FILED U/S 482 OF CR.P.C.., PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18.08.2023 PASSED IN CRL.RP. NO.25013/2023 PASSED BY THE LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-75), VIDE ANNEXURE-A BY ALLOWING THIS CRIMINAL REVISION PETITION. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Crl.P.8981/2023 by the petitioner - complainant in C.C.No.56186/2021 is directed against the impugned order passed in Crl.R.P.No.25012/2023 on the file of LXXIV Addl. City Civil & - 4 - NC: 2025:KHC:3620 CRL.P No. 8981 of 2023 C/W CRL.P No. 8975 of 2023 Sessions Judge, Mayohall Unit, Bengaluru, whereby the said revision petition filed by the respondents – accused was allowed by the Sessions Court. 2. Crl.P.8975/2023 by the petitioner - complainant in C.C.No.54110/2021 is directed against the impugned order passed in Crl.R.P.No.25013/2023 on the file of LXXIV Addl. City Civil & Sessions Judge, Mayohall Unit, Bengaluru, whereby the said revision petition filed by the respondents – accused was allowed by the Sessions Court. 3. Heard learned counsel for the petitioner and learned counsel for the respondents in both the petitions and perused the material on record. 4. A perusal of the material on record will indicate that the petitioner - complainant instituted proceedings in C.C.Nos.56186/2021 and 54110/2021 against the respondents - accused under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as 'NI Act' for short), in which the petitioner examined himself as PW-1 in both the cases and was cross-examined by the respondents – accused. Subsequently, the - 5 - NC: 2025:KHC:3620 CRL.P No. 8981 of 2023 C/W CRL.P No. 8975 of 2023 respondents in both the petitions filed applications under Section 311 of the Cr.P.C., seeking recall of PW-1 for further cross- examination and the said applications were rejected by the trial Court vide order dated 04.01.2023. The respondents-accused filed revision petitions in Crl.R.P.Nos.25012/2023 and 25013/2023, respectively, which came to be allowed by the Revisional Court vide the impugned orders dated 18.08.2023, permitting the respondents - accused to cross-examine PW-1. 5. Learned counsel for the respondents - accused submits that if one more opportunity is granted, the respondents – accused would complete the cross-examination of PW-1 on that day without seeking further adjournment under any circumstances whatsoever and hence the present petitions may be disposed of without interfering with the impugned orders. 6. Per contra, learned counsel for the petitioner - complainant submits that the matters before the trial Court is posted on 07.04.2025, and the same may be advanced from 07.04.2025 to 10.02.2025 before the trial Court and the respondents may be directed to complete the cross-examination immediately, without seeking any further adjournment. - 6 - NC: 2025:KHC:3620 CRL.P No. 8981 of 2023 C/W CRL.P No. 8975 of 2023 7. In view of the aforesaid facts and circumstances, I deem it just and proper to dispose off this petition without interfering with the impugned orders passed by the Sessions Court and by issuing certain directions to the trial Court. 8. In the result, I pass the following: Order i) The petition is hereby disposed off without interfering with the impugned orders. ii) The trial Court before whom C.C.No.56186/2021 and C.C.No.54110/2021 stand posted on 07.04.2025, is directed to prepone / advance the matters from 07.04.2025 to 10.02.2025, for the purpose of further cross-examination of PW-1. iii) Liberty is reserved in favour of the parties to seek preponement / advancement of C.C.No. 56186/2021 and C.C.No.54110/2021 from 07.04.2025 to 10.02.2025, in compliance with this order. iv) The respondents shall cross-examine PW-1 (complainant) on 10.02.2025, without seeking any adjournment under any circumstances, whatsoever. v) It is made clear that in the event the respondents do not cross-examine PW-1 on 10.02.2025, or any other date to be fixed by the trial Court, the present order - 7 - NC: 2025:KHC:3620 CRL.P No. 8981 of 2023 C/W CRL.P No. 8975 of 2023 shall stand recalled automatically and the impugned orders passed by the Sessions Court shall stand set aside. vi) The trial Court is directed to dispose off C.C.No.56186/2021 and C.C.No.54110/2021, within a period of 3 months from 10.02.2025. Sd/- (S.R.KRISHNA KUMAR) JUDGE RD