- 1 - HC-KAR NC: 2025:KHC:41623 CRL.P No. 13727 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13727 OF 2025 BETWEEN: SRI. K.T. KRISHNAPPA S/O LATE THIMMANNA, AGED ABOUT 64 YEARS, WORKING AS PROFESSOR IN PHYSICS, GOVT. FIRST GRADE COLLEGE FOR WOMEN, CHINTHAMANI TOWN-563 125, CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI. JAGADISH J.R., ADVOCATE) AND: SRI. H.N. NAGABHUSHANA REDDY S/O LATE NARAYANA REDDY, AGED ABOUT 59 YEARS, R/AT NEAR GANGAMMA TEMPLE, K. BAYPALLI ROAD, MUTHYALAPET, MULABAGAL TOWN-563 131, KOLAR DISTRICT. …RESPONDENT (BY SRI. RAGHAVENDRA REDDY C.R., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ORDER DATED 02.09.2025 PASSED BY THE PRL. CIVIL JUDGE AND JMFC, AT MULABAGAL IN C.C.NO.151/2018 WHICH IS PRODUCED AS ANNEXURE-A, ALLOWING THE APPLICATION UNDER SECTION 311 OF CR.P.C., TO RECALL DW-1. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41623 CRL.P No. 13727 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The order dated 2.9.2025 passed by the Principal Civil Judge and JMFC at Mulbagal in CC No.151/2018 is under challenge in this petition. 2. Vide impugned order, the learned Magistrate has allowed the application filed by the respondent/complainant under Section 311 Cr.P.C. for recalling DW1 for further cross-examination. 3. The matter arises out of a proceeding initiated by the respondent against the petitioner herein, for the offence punishable under Section 138 of N.I.Act. 4. The grievance of the petitioner is that when the matter was posted for reply on main arguments, the complainant has come up with an application under Section 311 of Cr.P.C. to further cross-examine DW1, who was already cross-examined in the month of June, 2024. - 3 - HC-KAR NC: 2025:KHC:41623 CRL.P No. 13727 of 2025 5. The learned Magistrate while allowing the application has imposed cost of Rs.1,500/- on the complainant. It is observed that ‘an opportunity has to be provided to the complainant for effective cross- examination of DW1, otherwise, it will lead to mis-carriage of justice and multiplicity of proceedings. Hence, keeping open all the contentions of the accused, to be decided at the appropriate stage,’ the impugned order was passed. 6. The learned Magistrate has passed the order for just decision of the case and to provide an opportunity to the complainant for effective cross-examination of DW1 as it is submitted by the respondent’s counsel that DW1 has furnished 53 documents in support of his case. 7. Learned counsel for the respondent/complainant has submitted that no more applications will be filed by the complainant seeking further cross-examination of the accused/DW1. - 4 - HC-KAR NC: 2025:KHC:41623 CRL.P No. 13727 of 2025 8. In light of the above, the impugned order does not call for any interference. Petition is disposed of. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 65