- 1 - HC-KAR NC: 2025:KHC:50338 CRL.P No. 15259 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15259 OF 2025 BETWEEN: SRI HANUME GOWDA S/O.LATE.HANUME GOWDA, AGED ABOUT 45 YEARS, JAGGERY MERCHANT, KALENAHALLI VILLAGE, KOTTATHI HOBLI, MANDYA TALUK, MANDYA DISTRICT, PIN -571478 …PETITIONER (BY SRI. B. VIJAY SHETTY, ADVOCATE) AND: PUTTASWAMY SON OF LATE SANNE GOWDA, AGED ABOUT 54 YEARS, RESIDING AT URAMARAKASALA GERE VILLAGE, KOTTATHI HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 478 …RESPONDENT THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE HONBLE JUDICIAL MAGISTRATE OF FIRST CLASS, MANDYA IN C.C.NO.1235/2019 DATED 07.08.2025 IN REJECTING THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50338 CRL.P No. 15259 of 2025 APPLICATION FILED WITH PETITIONER U/S.311 OF CR.P.C. THEREBY TO ALLOW THE SAID APPLICATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the rejection of the application filed under Section 311 of Cr.P.C. 2. Matter arises out of proceedings initiated by the respondent under Section 138 of the NI Act. 3. Complaint is filed in the year 2019. It is the case of the complainant that cheque issued by the accused for a sum of Rs.6,00,000/- towards legally enforceable debt was dishonoured and inspite of service of notice, amount was not paid and therefore, accused has committed an offence under Section 138 of the NI Act. 4. Application under Section 311 of Cr.P.C. is filed for further cross-examination of the complainant, on his - 3 - HC-KAR NC: 2025:KHC:50338 CRL.P No. 15259 of 2025 financial capacity to lend the amount. It is stated that on that aspect, no detailed cross-examination was conducted and there is a change in the counsel and therefore, further cross-examination of the complainant is necessary. 5. Material on record reveals that P.W.1 / complainant's cross examination commenced on 31.03.2023 and further cross-examination was conducted on 23.06.2023 and 23.02.2024. He was extensively cross-examined by the defense. The application under Section 311 of Cr.P.C. is filed on 02.07.2025 at the fag end of the trial and after the evidence of D.W.1 / accused was recorded. 6. Learned Magistrate while dismissing the application has observed that the reply notice / Ex.D1, clearly depicts that the accused has admitted he has received a sum of Rs.3,00,000/-, which shows that accused himself admitted transaction between himself and complainant in respect of the said amount. Further, mere change of the counsel is not a ground to permit and recall - 4 - HC-KAR NC: 2025:KHC:50338 CRL.P No. 15259 of 2025 the witnesses to conduct the cross-examination as held in 'M/S. Steel Rocks INC and Another V/s. M/S. Bangalore Elevated Tollway Pvt. Ltd., (BETPL) and Another in Crl.P.No.4877/2024 dated 21.10.2024'. 7. The impugned order does not suffer from any illegality. There are No grounds to interfere with the order passed by the learned Magistrate. Accordingly, the following:- ORDER i) Petition is dismissed. ii) The observations made shall not influence the trial Court while disposing of the main petition on merits. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC:List No.: 1 Sl No.: 56