- 1 - NC: 2025:KHC-D:2699 CRL.P No. 100949 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100949 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: HANAMANT GANGAPPA HULAKUND, AGE. 72 YEARS, OCC. BUSINESS, R/O. BADIGER ONI, RAINAPUR, TQ. SAUNDATTI, DIST. BELAGAVI-591129. …PETITIONER (BY SMT. SHAILA BELLIKATTI, ADVOCATE) AND: BRANCH MANAGER BASAVESHWAR MULTI PURPOSE SOUHARAD SAHAKARI NIYAMIT, BELAGAVI, BRANCH YARAGATTI, R/BY SHIVASHANKAR, S/O. SHIVARAYAPPA MANGOJI, AGE. 44 YEARS, OCC. BUSINESS, (STATED AS BRANCH MANAGER), R/O. YARAGATTI, TQ. SAUNDATTI, DIST. BELAGAVI-591129. …RESPONDENT (BY SRI. PRASHANT MATHAPATI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO SEEKING TO CALL FOR RECORDS IN CRIMINAL CASE NO.127/2020 ON THE FILE OF IIND ADDL. CIVIL JUDGE AND J.M.F.C. SAUNDATTI AND ALLOW THIS CRIMINAL PETITION BY QUASHING IMPUGNED ORDER DATED 04.03.2022 IN CRIMINAL CASE NO.127/2020 ON THE FILE OF IIND ADDITIONAL CIVIL JUDGE AND JMFC, SAUNDATTI AND PROVIDE REASONABLE OPPORTUNITY OF CROSS EXAMINATION OF PW 1 TO THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.14 13:20:02 +0530 - 2 - NC: 2025:KHC-D:2699 CRL.P No. 100949 of 2022 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The respondent filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘NI Act’). The accused entered appearance, and thereafter, the complainant was examined as P.W.1. When the matter was posted for cross-examination, the accused failed to cross-examine P.W.1, prompting the Trial Court to record the cross-examination as ‘nil’. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent-complainant. 3. Although sufficient opportunity was provided for cross- examining P.W.1, the petitioner/accused, without any valid reason, failed to do so. If the accused is not permitted to cross-examine P.W.1, the testimony would remain uncontroverted, potentially leading to conviction under Section 138 of the NI Act. 4. In the interest of fair trial and to secure the ends of justice, it is appropriate to grant the accused one more opportunity to cross-examine P.W.1. ORDER i) Accordingly, the criminal petition is allowed. - 3 - NC: 2025:KHC-D:2699 CRL.P No. 100949 of 2022 ii) The impugned order dated 04.03.2022 passed in Criminal Case No.127/2020 by the II Additional Civil Judge and JMFC, Saundatti, is hereby set aside. iii) Petitioner/accused is permitted to cross-examine P.W.1 iv) Petitioner and the respondent shall appear before the Trial Court on 07.03.2025 without waiting for further notice, and on the said date, if the accused fails to cross- examine P.W.1 without any sufficient cause, the Trial Court to proceed in accordance with law. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 67