- 1 - NC: 2025:KHC-D:3116 CRL.P No. 100671 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100671 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. M/S SRI. VENKATESHWARA POULTRIES BUDAGUMPA CROSS, KEREHALLI VILLAGE, (DANAGALADODDI)-583228, POST. KUKANAPALLI, TQ. KOPPAL. 2. SRI. KARAMATULLA ABDUL SATHAR S/O. K.U.ABDUL SATHAR, MANAGING PARTNER, M/S. SRI. VENKATESHWARA POULTRIES, BADAGUMPA CROSS, KEREHALLI VILLAGE, (DANAGALADODDI) POST, TQ. KUKANAPALLI, TQ. KOPPAL-583228. RESIDENTIAL ADDRESS: SRI. KARAMATULLA ABDUL SATHAR S/O. K.U.ABDULSATHAR NEAR KANNUKERE MASJID, ROSHAN MANJIL, DOOR NO.2, 68, THEKKATTE VILLAGE, POST AND TQ. KUNDAPURA, DIST. UDUPI-576201. …PETITIONERS (BY SRI. SANTOSH B.RAWOOT, ADVOCATE) AND: M/S VEERESHWARA TRADERS GENERAL MERCHANTS & COMMISSIN AGENTS, S.G.GUNJ, KOPPAL, A PROPRIETORSHIP CONCERN, REPRESENTED BY ITS PROPRIETOR, VEERESH S/O. VIRUPAKSHAPPA KOTBAL, AGE. 50 YEARS, OCC. BUSINESS, R/O. KOPPAL-583231. …RESPONDENT Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:29 +0530 - 2 - NC: 2025:KHC-D:3116 CRL.P No. 100671 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE IMPUGNED ORDER PRODUCED AT ANNEXURE-A PASSED IN CC NO.38/2021, BY THE ADDL. CIVIL JUDGE AND JMFC AT KOPPAL VIDE ANNEXURE-A ITS ORDER DATED 04.02.2025 ACCUSED NO.1 AND 2 ON THE APPLICATION FILED U/S 315 OF THE CODE OF CRIMINAL PROCEDURE, FOR THE OFFENCES PUNISHABLE U/S 138 OF N.I. ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Respondent/complainant has filed a complaint for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (NI Act). The trial Court after taking cognizance issued summons and following the same, the accused appeared before the trial Court. After completion of the evidence of the complainant, the accused filed an application to lead defence evidence by filing an affidavit in lieu of examination-in-chief. The application was allowed, however, the petitioners were denied to file an affidavit in lieu of examination-in-chief. 2. Heard the learned counsel for the petitioners. 3. The Apex Court in the case of Indian Bank Association & Others Vs. Union of India & Another in WP (Civil) No.18/2013, with reference to Section 145 of the NI Act, has ruled that the Court concerned must ensure that examination-in-chief, cross-examination and re-examination of the complainant must be conducted within three months of assigning the case. The Court has the option of accepting the affidavits of the witnesses, instead of examining them in Court. Witnesses to the complainant and accused must be available for cross- examination as and when there is direction to this effect by the Court. - 3 - NC: 2025:KHC-D:3116 CRL.P No. 100671 of 2025 4. A coordinate bench of this Court, in Crl.P. No. 1684/2016, disposed of on 09.08.2016, held that Section 145 of the Negotiable Instruments Act, 1881 (NI Act), allows both the accused and the complainant to lead evidence by filing an affidavit. This decision was rendered with reference to Section 145 of the NI Act, in line with the ruling of the Apex Court. 5. In view of legal principles established in the aforesaid decisions, the impugned order passed by the trial Court is not legally sustainable. 6. Accordingly, the petition is allowed. The impugned order dated 4.2.2025 passed by the Addl. Civil Judge and JMFC, Koppal in CC No.38/2021 on the application filed under Section 315 of Cr.P.C. insofar it relates to denying the petitioners to file an affidavit in lieu of examination-in-chief is set-aside. The petitioners are permitted to file an affidavit in lieu of examination-in-chief. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 14