- 1 - NC: 2025:KHC-D:6276 CRL.P No. 102825 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.102825 OF 2024 BETWEEN: BASANAGOUDA S/O. HANAMANTAGOUDA PATIL, AGE: 44 YEARS, OCC: GOVERNMENT SERVANT, R/O: SRI GURUSIDDESHAWAR GOVERNMENT PU COLLEGE, AT: SHALAVADI, TQ: NAVALAGUND, DIST: DHARWAD – 580 004. NOW AT R/O: 32/A, SARVAMANGALA NILAY NEAR, KALYAN NAGAR, RANGAMANDIR KALYAN NAGAR, VIDYA NAGAR, HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI. P. N. HOSAMANE, ADVOCATE) AND: SHRIDAR S/O. BHIMAPPA RADDER, AGE: 52 YEARS, OCC: AGRICULTURIST, R/O: 19 NEAR SALE TAX OFFICE, BHYHATTI BUILDING, VIDYANAGAR, HUBBALLI, DIST: DHARWAD – 580 004. …RESPONDENT (BY SRI. B.S.SANGATI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S. 528 OF BNSS) SEEKING TO QUASH THE ORDER DATED 31.07.2024/23-8-2024, BY THE COURT OF 3RD ADDITIONAL SENIOR CIVIL JUDGE AND JMFC HUBBALLI REJECTING THE APPLICATION FILED UNDER SECTION 311 OF CR.P.C. IN CC NO. 530/2020 (PC 99/2020) ALLOW APPLICATION FILED UNDER SECTION 311 OF CR.P.C. FOR OFFENCE PUNISHABLE UNDER SECTION 138 OF NI ACT IN THE INTEREST OF JUSTICE. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6276 CRL.P No. 102825 of 2024 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by the petitioner –accused under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to quash the order dated 31.07.2024/23.08.2024 passed in C.C.No.530/2020 by the III Additional Senior Civil Judge, Hubballi, wherein the application filed by petitioner under Section 311 of Cr.P.C has been rejected. 2. The petitioner –accused is facing trial in C.C.No.530/2020 for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “N.I Act” for brevity). Cheques issued by the petitioner –accused stated to have been dishonoured for want of funds in his account. When the case has been posted for arguments, the petitioner –accused has filed an application under Section 311 of Cr.P.C seeking issuance of notice to the Manager, State Bank of India, Navanagar Branch, Hubballi to give his evidence with regard to - 3 - NC: 2025:KHC-D:6276 CRL.P No. 102825 of 2024 cheque in question. The respondent –complainant has filed objections to the said application. After hearing arguments on both sides, the learned Magistrate has passed the impugned order rejecting the said application. The said order has been challenged by the petitioner – accused in the present petition. 3. Heard learned counsel for the petitioner – accused and learned counsel for the respondent – complainant. 4. Learned counsel for the petitioner –accused would contend that cheques alleged to have been issued by the petitioner –accused are non CTS cheques and Bank ought not to have considered them. He further submits that for what purpose he had filed an application under Section 311 of Cr.P.C seeking issuance of notice to the Manager, State Bank of India, Navanagar Branch, Hubballi is not stated in application. Merely because purpose of examining the Manager, State Bank of India, Navanagar Branch, Hubballi has not been stated in the application, the learned Magistarte has dismissed the application. He - 4 - NC: 2025:KHC-D:6276 CRL.P No. 102825 of 2024 further submits that the evidence of the Manager, State Bank of India, Navanagar Branch, Hubballi is necessary to ascertain whether cheques involved in the case are CTS cheques or not. With this, he prays to allow the petition. 5. Learned counsel for the respondent – complainant would contend that what was purpose for which summoning the Manager, State Bank of India, Navanagar Branch, Hubballi has not been stated in the application. Considering the same, learned Magistrate has rightly rejected the application of the petitioner by the impugned order. With this, he prays for dismissal of the petition. 6. Having heard learned counsels, this Court has perused the impugned order and other materials placed on record. 7. It is case of the respondent –complainant that the petitioner –accused has issued two cheques in order make repayment of amount borrowed. On presenting the said cheques, they came to be dishonoured for want of funds in the account of accused. The Bank has not - 5 - NC: 2025:KHC-D:6276 CRL.P No. 102825 of 2024 returned said two cheques for the reason that they are non CTS cheques. Cheques are dishonoured for want of funds in the account of accused. The accused who is petitioner herein has not lead any defence evidence. When the case has been posted for arguments, he filed application under Section 311 of Cr.P.C. On perusal of the averments of the said application filed by the petitioner under Section 311 of Cr.P.C what was purpose for examining the Manager, State Bank of India, Navanagar Branch, Hubballi has not been stated, it is only stated before this Court. Learned counsel for the petitioner would contend that evidence of the Manager, State Bank of India, Navanagar Branch, Hubballi is requires to ascertain whether cheques involved in the case are CTS cheques or otherwise. Learned Magistrate considering the fact that no reasons have been assigned for examining the Manager, State Bank of India, Navanagar Branch, Hubballi in the application filed by the petitioner under Section 311 of Cr.P.C has rightly rejected it. - 6 - NC: 2025:KHC-D:6276 CRL.P No. 102825 of 2024 8. The petitioner –accused now cannot now contend before the Court that evidence of the Manager, State Bank of India, Navanagar Branch, Hubballi is required to ascertain whether cheques are CTS or otherwise. The petitioner is at liberty to make proper application putting forth reasons for examining the Manager, State Bank of India, Navanagar Branch, Hubballi. The petitioner has not made out any grounds for setting aside the impugned order. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP CT-ASC List No.: 1 Sl No.: 45