- 1 - NC: 2025:KHC:6206 CRL.P NO.10771 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.10771 OF 2023 BETWEEN: SRI. CHINNASWAMY @ MARIYAPPA S/O LATE ANTHONAPPA AGED ABOUT 59 YEARS, SRI. KOUNIDNYA, NO.L-54, 2ND FLOOR, 2ND 'B' MAIN, VI STREET, H.S.R LAYOUT BENGALURU - 560 102. …PETITIONER (BY SRI. SHANKARA M.K., ADVOCATE) AND: SRI. BABU REDDY S/O LATE NARAYANA REDDY AGED ABOUT 52 YEARS, NO.44/8, ASHWATHAPPA APARTMENT, SADHASHIVANAGAR, ANEKAL ROAD, ATHIBELE, BENGALURU - 562 107. …RESPONDENT (BY SRI. HARISH KUMAR M.S., ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, PRAYING TO SET-ASIDE THE ORDER DATED 01ST SEPTEMBER, 2023 PASSED ON THE APPLICATION FILED UNDER SECTION 311 OF THE CODE OF CRIMINAL PROCEDURE BY THE PETITIONER SEEKING PERMISSION TO FURTHER CROSS EXAMINATION OF COMPLAINANT WITNESS IN C.C.NO.25994/2016 ON THE FILE OF THE XXII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU VIDE ANNEXURE-A; ALLOW THIS PETITION AS WELL Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:6206 CRL.P NO.10771 OF 2023 AS AN APPLICATION FILED BY THE PETITIONER UNDER SECTION 311 OF THE CODE OF CRIMINAL PROCEDURE SEEKING PERMISSION TO CROSS EXAMINE THE COMPLAINANT WITNESS. 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 This petition is by the accused in C.C. No.25994/2016 on the file of the XXII Additional Chief Metropolitan Magistrate, Bengaluru challenging the order dated 01st September, 2023, whereby, the application filed by the petitioner-accused under Section 311 of the Code of Criminal Procedure to recall the complainant who was examined as PW1 to cross-examine him was rejected. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the respondent-complainant had instituted the aforesaid proceedings against the petitioner for the alleged offence punishable under Section 138 of the Negotiable Instruments Act. In the said proceedings, the respondent-complainant examined himself as PW1 and was cross-examined by the petitioner. Subsequently, the petitioner-accused having filed the application under Section 311 of - 3 - NC: 2025:KHC:6206 CRL.P NO.10771 OF 2023 the Code of Criminal Procedure to recall the PW1 for further cross- examination, the learned Magistrate rejected the said application by passing the impugned order, which is assailed in the present petition. 4. Learned counsel for the petitioner submits that, if the impugned order is set-aside and the petitioner-accused is permitted to cross-examine the PW1 further, the petitioner would complete the cross-examination of the PW1 on the next date of hearing before the Trial Court without seeking any adjournment under any circumstances whatsoever. It is therefore submitted that the impugned order be set-aside and application filed by the petitioner under Section 311 of the Code of Criminal Procedure to recall the PW1 for further cross-examine be allowed. 5. Per contra, learned counsel for the respondent opposed the petition and submits that there is no merit in the petition and same is liable to be dismissed. 6. In view of the aforesaid facts and circumstances of the case, though several contentions have been urged by learned counsel for both sides, by adopting a justice oriented approach and in order to provide one more opportunity to the petitioner-accused - 4 - NC: 2025:KHC:6206 CRL.P NO.10771 OF 2023 No.1, I deem it appropriate to allow the petition by imposing exemplary cost upon the petitioner with certain terms and conditions upon the petitioner with a direction to the Trial Court to dispose of the proceedings within a stipulated time frame. 7. 7. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) Order dated 01st September, 2023 passed in C.C. No.25994/2016 on the file of the XXII Additional Chief Metropolitan Magistrate, Bengaluru, rejecting the application filed under Section 311 of the Code of Criminal Procedure to recall the PW1 for further cross-examination is hereby set-aside; 3) The application filed by the petitioner-accused No.1 under Section 311 of the Code of Criminal Procedure to recall the PW1 for further cross- examination is hereby allowed subject to petitioner paying cost of Rs.5,000/- to the respondent-complainant before the Trial Court on the next date of hearing; 4) The petitioner shall complete further cross- examination of the respondent-complainant on - 5 - NC: 2025:KHC:6206 CRL.P NO.10771 OF 2023 next date of hearing before the Trial Court without seeking adjournment under any circumstances whatsoever; 5) The Trial Court shall dispose of the proceedings within a period of six months from the date of receipt of this order; 6) All rival contentions and aspects of the matter are kept open and no opinion is expressed on the same. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 14