- 1 - NC: 2025:KHC:13963 CRL.P No. 12941 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 12941 OF 2024 BETWEEN: THIMMARAJAPPA, S/O LATE VENKATAPPA, AGED ABOUT 63 YEARS, R/O SOLADEVANAHALLI VILLAGE, CHIKKABANAVARA POST, HESARAGHATTA HOBLI, BENGALURU NORTH - 560 090. …PETITIONER (BY SRI. HALESHA R.G, ADVOCATE) AND: RAMESH, S/O HUCCHEGOWDA, AGED ABOUT 45 YEARS, R/O DODDABHANAHALLI VILLAGE, AGILE POST, KASABA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. …RESPONDENT (RESPONDENT IS SERVED) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO SET ASIDE THE IMPUGNED ORDER 08.07.2024 MADE ON I.A FILED U/S 311 CR.P.C U/S 348 BNSS, 2023 FOR RECALLING THE PW1 FOR FURTHER CROSS EXAMINATION IN C.C.NO.5523/2022 PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, HASSAN BY ALLOWING THE APPLICATION AS PRAYED. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13963 CRL.P No. 12941 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused, who is facing trial for the offence punishable under Section 138 of the N.I. Act, is before this Court challenging the order passed by the Trial Court, wherein the application filed under Section 311 of the Cr.P.C. to recall P.W.-1 for further cross- examination was rejected. During the pendency of the trial, the matter was referred to Lok-Adalath to explore the possibility of a settlement between the parties. 2. The petitioner and the complainant filed a joint memo stating that they had amicably resolved the dispute among themselves. However, the complainant did not agree to the terms of the joint memo, and the matter was referred back to the Trial Court to proceed further with the trial. The complainant was cross-examined by the petitioner/accused. 3. After the cross-examination of P.W.-1, the accused led his defence evidence, and thereafter, the matter was posted for arguments. At that stage, the accused filed an application to recall P.W.-1 for further cross-examination in order to confront Exs. D-1 to D-20 and establish that the entire amount due to the complainant had been repaid. The said application was - 3 - NC: 2025:KHC:13963 CRL.P No. 12941 of 2024 rejected solely on the ground that there was no reference to the amount paid to the complainant in the joint memo. Since the joint memo was not accepted, the Trial Court ought to have allowed the complainant to confront Exs. D- 1 to D-20 so as to enable the accused to establish that the entire cheque amount had been repaid to the complainant. Therefore, the impugned order passed by the Trial Court is not legally sustainable. Accordingly, I pass the following:- ORDER i. Petition is allowed. ii. The impugned order dated 08.07.2024 passed by the Prl. Civil Judge and JMFC., Hassan on the application filed under Section 311 of Cr.P.C., is hereby set aside and the application is allowed. iii. The petitioner/accused is permitted to further cross-examine PW-1 on the date on which he is summoned. Failing which, the Trial Court to proceed in accordance with law. [ Sd/- (HEMANT CHANDANGOUDAR) JUDGE VS List No.: 1 Sl No.: 12 CT: BHK