- 1 - NC: 2025:KHC:1423 CRL.P No. 10040 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.10040 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. KESHAVAMURTHY G. S/O GANGAPPA AGED ABOUT 44 YEARS, R/AT ANJANA GANGA NILAYA 1ST 'B' CROSS HANUMANTHAPURA MAIN ROAD, ADARSHANAGAR TUMAKURU - 572 103. …PETITIONER (BY SRI. R.V. SHIVANANDA REDDY, ADVOCATE) AND: M/S KUSUMAMBA VIVIDODESHA SOUHARDHA SAHAKARI (N) HAVING ITS OFFICE AT NO.154, 5TH MAIN, APMC YARD YESHWANTHPURA BENGALURU - 560 022. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SRI. M. V. GOWRISHANKAR. …RESPONDENT (BY SRI. MAHESHA N.C., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE (SECTION 528 OF BNSS 2023), PRAYING TO SET ASIDE THE ORDER DATED 05.09.2024 IN C.C.NO.34794/2021 ON THE FILE OF 26TH A.C.J.M AT BENGALURU Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1423 CRL.P No. 10040 of 2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT AND PERMIT THE PETITIONER TO LEAD THE ADDITIONAL EVIDENCE (DW-2) AND MARK DOCUMENTS. 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 1. This petition by accused in CC No.34794/2021 on the file of XXVI ACJM Court, Bengaluru, is directed against the impugned order dated 05.09.2024, whereby the application filed by the petitioner under Section 311 Cr.P.C. seeking recalling of the order dated 02.04.2024 and for a direction to the Bank Manager, Axis Bank Limited, Tumakuru Town, to produce account detail extracts, statements etc. pertaining to the petitioner and for permission to the Bank Manger to lead evidence as D.W.2 was rejected by the Trial Court. 2. Heard learned counsel appearing for the parties and perused the records. - 3 - NC: 2025:KHC:1423 CRL.P No. 10040 of 2024 3. A perusal of the material on record would indicate that the aforesaid proceedings was instituted by the respondent - complainant against the petitioner - accused for the offence under Section 138 of the Negotiable Instruments Act. The respondent examined himself as P.W.1 and documentary evidence was adduced by him. The petitioner examined himself as D.W.1 and also produced documentary evidence. Subsequently the petitioner who is an account holder in the aforesaid Axis Bank filed the instant application seeking issuance of summons to the Bank Manager of the said Axis Bank to produce the account extract details etc. and also to give evidence as D.W.2 on behalf of the petitioner - accused. The said application having been opposed by the respondent - complainant, the Trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which the petitioner is before this Court by way of the present petition. 4. After arguing the matter for some time, learned counsel for the petitioner submits that the petition may be disposed of by modifying the impugned order and grant liberty in favour of the petitioner to take out hand summons to the aforesaid Bank Manager and also produce the bank extract details etc. for the - 4 - NC: 2025:KHC:1423 CRL.P No. 10040 of 2024 purpose of adducing further oral and documentary evidence on behalf of the petitioner. 5. Per contra, learned counsel for the respondent - complainant submits that he has no objection for the petitioner to adduce further evidence by taking out hand summons to the Bank Manager and examining him as D.W.2 along with documentary evidence, subject to the condition that the petitioner shall complete the said process within a stipulated time frame. 6. In view of the aforesaid facts and circumstances of the case, I deem it just and proper to modify the impugned order and by permitting the petitioner to take necessary steps to take out hand summons from the Trial Court to the Bank Manager, Axis Bank, Limited, Tumakuru Town, to lead evidence as D.W.2 and also produce documents as sought for by the petitioner within a period of six weeks from the next date of hearing before the Trial Court. 7. The impugned order dated 05.09.2024 in CC No.34794/2021 on the file of XXVI ACJM Court, Bengaluru, shall stand modified in the above terms. - 5 - NC: 2025:KHC:1423 CRL.P No. 10040 of 2024 8. To enable compliance of this order, since it is submitted that the matter before the Trial Court is scheduled to be posted on 17.02.2025, the Trial Court is hereby directed to prepone the matter to 27.01.2025. Liberty is reserved in favour of the petitioner to file an application under Section 309 of Cr.P.C. seeking preponement of the case to 27.01.2025. It is made clear that, in the event the petitioner does not complete his further evidence within a period of six weeks from 27.01.2025, no further extension of time would be granted. 9. With the above observation, the Criminal Petition stands disposed of. SD/- (S.R.KRISHNA KUMAR) JUDGE sac List No.: 1 Sl No.: 31