- 1 - NC: 2025:KHC:3459 CRL.P No. 10682 of 2024 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. 10682 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: MR. B THILAK AGED ABOUT 43 YEARS OLD, S/O BHASKARAN, NO 2/693M, K S A RAJDURAI NAGAR, SIVAKASI, VIRUDHUNAGAR DISTRICT, TAMILNADU 626123 …PETITIONER (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: S V S ENTERPRISES REP BY ITS PROPRIETOR SRI V SRIDHAR, S/O LATE VENKATASUBBARAO, AGED ABOUT 66 YEARS, HAVING ITS OFFICE AT NO C-145, INDUSTRIAL ESTATE, YADAVAGIRI. REP BY ITS SPA HOLDER, PRIYANKA V SRIDHAR, AGED ABOUT 39 YEARS, DAUGHTER OF V SRIDHAR, NO 54, 6TH CROSS, 1ST STAGE, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3459 CRL.P No. 10682 of 2024 GOKULAM, MYSURU 570002 …RESPONDENT (BY SRI. SHIVARAMA BHAT O., ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE COGNIZANCE TAKEN BY THE 6TH ADDL. CIVIL JUDGE AND JMFC, MYSURU IN CC.NO:18118/2022 VIDE ORDER DATED 25.05.2022. 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 In this petition, the petitioner seeks the following relief: "To set aside cognizance taken by the 6th Addl. Civil Judge and JMFC, Mysuru in CC.No.18118/2022 vide order dated 25.5.2022." 2. After arguing the matter for some time, learned counsel for the petitioner submits that the present petition may be disposed of granting permission to the petitioner to complete the further cross examination of PW.1 and take up all defenses to be urged before the trial Court, who shall be directed to consider the same in accordance with law. - 3 - NC: 2025:KHC:3459 CRL.P No. 10682 of 2024 3. Per contra, learned counsel for the respondent as well as PW1, who is physically present before this Court, jointly submit that the matter is posted before the trial Court on 28.01.2025 and PW.1 will be present before the trial Court on such date. He further submits that the petitioner may be directed to complete the further cross examination of PW.1 on 28.01.2025 without taking adjournment under any circumstances whatsoever. 4. In view of the aforesaid facts and circumstances, though several contentions are urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of the present petition directing/permitting the petitioner to complete the further cross examination of PW.1 on 28.01.2025 by recalling PW.1 without taking any adjournment under any circumstances whatsoever. 5. Both parties are at liberty to urge all their contentions, defences etc., which shall be considered by the trial Court in accordance with law. PW.1 is also directed - 4 - NC: 2025:KHC:3459 CRL.P No. 10682 of 2024 to be present before the trial Court on 28.01.2025 for further cross examination by the petitioner. 6. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 7. The petition stands disposed of accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB