- 1 - HC-KAR NC: 2025:KHC:24326 CRL.P No. 10594 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.10594 OF 2024 BETWEEN: MR. SATYA NARAYAN TULSYAN, DIRECTOR, AGED ABOUT 76 YEARS, M/S SCOPE VINCOM INDUSTRIES PRIVATE LIMITED, SY NO.442, JIGANI VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU – 562106. PRESENTLY RESIDING AT NO.5A, ROBINSON STREET, KOLKATA – 700017. …PETITIONER (BY SRI G.R. VENKATESH MURTHY, ADVOCATE) AND: 1. KRISHNA ENTERPRISES, NO.9/1-1 (OLD NO.9/2), POTTERS COLONY, NEW BAMBOO BAZAR, BENGALURU – 560002. 2. SCOPE VINCOM INDUSTRIES PVT. LTD., SY NO.442, JIGANI VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU – 562106. REPRESENTED BY ITS DIRECTOR, SATYA NARAYAN TULSYAM. 3. MR. UPEN TULSYAN, DIRECTOR, SCOPE VINCOM INDUSTRIES PVT. LTD., SY NO.442, JIGANI VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU – 562106. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24326 CRL.P No. 10594 of 2024 4. MR. BIJAY CHAUDHARY, AUTHORIZED SIGNATORY, DIRECTOR, SCOPE VINCOM INDUSTTRIES PVT. LTD., SY NO.442, JIGANI VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU – 562106. …RESPONDENTS (BY SRI KIRAN S. JAVALI, SENIOR COUNSEL APPEARING FOR SRI CHANDRASHEKARA K., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THE PETITION THEREBY SETTING ASIDE THE IMPUGNED ORDER DATED 31-8-2024 PASSED BY THE V ADDITIONAL SMALL CAUSES JUDGE, XIVX ACMM, MAYO HALL, BENGALURU. THIS CRIMINAL 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 by accused no.2 in C.C.No.52971/2017 is directed against the impugned order dated 31.08.2024 whereby an application filed by petitioner/accused no.2 for permission to adduce evidence via video conferencing was rejected by the Trial Court. Perusal of the material on record would indicate that the petitioner is arrayed as accused no.2 in the impugned proceedings initiated by the respondent no.2 / complainant for the alleged offence - 3 - HC-KAR NC: 2025:KHC:24326 CRL.P No. 10594 of 2024 punishable under Section 138 of Negotiable Instruments Act. During the course of trial, the accused persons examined themselves as DW1 and DW2 and at the stage of further defence evidence, the petitioner filed the instant application seeking permission to lead evidence via video conference on the ground that he was residing at Calcutta and due to his health reasons, he was not able to come over from Calcutta to Bengaluru and adduce evidence physically/personally. The trial court proceeded to reject the application by passing the impugned order which is assailed in the present petition. 2. Learned counsel for the petitioner on instructions submits that the petitioner has subsequently recovered and will travel to Bengaluru and adduce evidence physically/personally before the Trial Court which may be directed to complete the evidence of the petitioner and including the cross-examination as expeditiously as possible. The said submission is placed on record. In view of the aforesaid facts and circumstances and the - 4 - HC-KAR NC: 2025:KHC:24326 CRL.P No. 10594 of 2024 submission made on behalf of the petitioner that he would come to Bengaluru and adduce evidence physically/personally, nothing further survives in the present petition which deserves to be disposed of by issuing certain directions without interfering with the impugned order. 3. In the result I pass the following : ORDER i. Petition is disposed of without interfering with the impugned order. ii. The petitioner is directed to be present physically/personally before the Trial Court on any date to be fixed by the Trial Court after a period of twenty days from today. iii. The respondent is further directed to complete the cross-examination of the petitioner as expeditiously as possible. - 5 - HC-KAR NC: 2025:KHC:24326 CRL.P No. 10594 of 2024 iv. The Trial Court is directed to dispose of the proceedings within a period of four months from the date of receipt of copy of this order. 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 SD List No.: 1 Sl No.: 4