- 1 - NC: 2025:KHC:7645 CRL.P No. 10793 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10793 OF 2023 BETWEEN: SMT. RADHAMMA, W/O LATE SIDDAIAH, AGED ABOUT 45 YEARS, R/AT PADARAHALLI VILLAGE, KASABA HOBLI, HARISANDRA DHAKLE, RAMANAGARA TALUK AND DISTRICT - 562 159. …PETITIONER (BY SRI. S.G.RAJENDRA REDDY., ADVOCATE) AND: H.K. SHIVANNA, S/O LATE CHIKKA KARADAPPA, AGED ABOUT 61 YEARS, R/AT HANUMANTHE GOWDANADODDI VILLAGE, KASABA HAOBLI, HARISANDRA DHAKLE, RAMANAGARA TALUK AND DISTRICT - 562 159. …RESPONDENT (BY SRI.NATARAJ D., ADVOCATE) THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE ORDER DATED 30.08.2023 PASSED BY THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., RAMANAGARA IN C.C.NO.1232/2019 AND DIRECT THE TRIAL COURT TO RECALL THE COMPLAINANT (PW.1) FOR FURTHER EXAMINATION AND ALLOW THIS CRL.P. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7645 CRL.P No. 10793 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition filed by the complainant in C.C.No.1238/2019 is directed against the impugned order dated 30.08.2023 passed by the Additional Civil Judge and JMFC, Ramanagara, in C.C.No.1232/2019, whereby the application filed by the petitioner to recall PW.1 for further evidence, was rejected by the Trial Court. 2. Heard Sri S.G. Rajendra Reddy, learned counsel for the petitioner. Perused the material on record. 3. Learned counsel for the respondent remained absent on the last date of hearing i.e., on 12.02.2025. This Court noticed the absence of the learned counsel for the respondent and passed the following order :- "Heard learned counsel for the petitioner and perused the material on record. Learned counsel for respondent is absent. Re-list on 19.02.2025 at 02.30 P.M. - 3 - NC: 2025:KHC:7645 CRL.P No. 10793 of 2023 It is made clear that in the event learned counsel for respondent remains absent on that day also, the matter would be taken up for final disposal. Office objections to be complied with by the next date of hearing. Interim order granted earlier is extended till the next date of hearing." 4. A perusal of the material on record would indicate that in the aforesaid proceedings filed by the petitioner against the respondent for offences punishable under Section 138 of the N.I. Act, the petitioner examined herself as PW.1 and was cross-examined by the respondent. 5. Subsequently, petitioner filed an application seeking to recall herself (PW-1) for further evidence and said application having been rejected by the Trial Court by passing the impugned order, the petitioner is before this Court by way of the present petition. 6. A perusal of the impugned order would indicate that Trial Court has not assigned valid or co-gent reasons as to why, one more opportunity should not be granted in favour of the petitioner to recall PW.1 and adduce her further evidence. - 4 - NC: 2025:KHC:7645 CRL.P No. 10793 of 2023 7. Under these circumstances, in order to provide one more opportunity to the petitioner to adduce further evidence, I deem it just and appropriate to set aside the impugned order and recall PW.1 by permitting her to adduce further evidence in the matter. In the result, the following :- ORDER (a) Petition is hereby allowed. (b) The impugned order dated 30.08.2023 passed in C.C.No.1232/2019 by the Additional Civil Judge and JMFC, Ramanagara, is hereby set aside (c) Petitioner (PW.1) is recalled for the purpose of recording further evidence. (d) Liberty is reserved in favour of the respondent to cross- examine PW.1 and also adduce defence evidence. (e) 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 NG List No.: 3 Sl No.: 8