- 1 - HC-KAR NC: 2025:KHC-D:7462 CRL.P No. 101616 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 101616 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: SHRI BASAVARAJ S/O. BAILAPPA OMKARANNANAVAR, AGE 37 YEARS, OCC: AMBULENCE DRIVER, R/O. NAGANUR VILLAGE, TQ AND DIST HAVERI-581202. …PETITIONER (BY SRI. SADYOJAT R. BALIGATTIMATH, AND SRI. SHIVAPPA UMESH GODDEMMI, ADVOCATES) AND: SHRI GIRISH S/O. MAHADEVAPPA BIDARAGADDI, AGE 40 YEARS, OCC: AGRICULTURIST, R/O. AGADI VILLAGE, TQ AND DIST HAVERI-581128. …RESPONDENT (BY SRI. BASAVARAJ TIMMANNAVAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (528 OF BNSS), SEEKING TO SET ASIDE THE DISMISSAL ORDER DATED 19.03.2025 PASSED BY THE PRL.CIVIL JUDGE AND JMFC, HAVERI, IN C.C NO.130/2024 ON THE APPLICATION FILED BY THE PETITIONER U/S.311 OF CR.P.C. PRODUCED HEREWITH ANNEXURE-G AND GIVE DIRECTION TO THE MAGISTRATE TO GIVE PERMISSION TO THE PETITIONER/ ACCUSED TO FURTHER CROSS-EXAMINATION OF THE P.W. 1 IN C.C NO.130/2024 BY ALLOWING THIS CRIMINAL PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7462 CRL.P No. 101616 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the Learned counsel for the petitioner and learned counsel for the respondent appearing through video conference. 2. This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to set aside the dismissal order dated 19.03.2025 passed by the learned Principal Civil Judge and JMFC, Haveri in C.C. No.130/2024 on the application filed by the petitioner under Section 311 of Cr.P.C. and to direct the learned Magistrate to give permission to the petitioner accused for cross-examination of PW1 in the said case by allowing this petition. 3. Perused the order sheet maintained by the Trial Court as well as the deposition of P.W.1. The respondent filed private complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act. During the trial, the complainant - 3 - HC-KAR NC: 2025:KHC-D:7462 CRL.P No. 101616 of 2025 examined as P.W.1 and the counsel for the accused conducted cross-examination of P.W.1 in part. As the counsel for the accused sought for further cross- examination, the Trial Court rejected the request and treated the cross-examination as “nil” without assigning any reasons. It shows that the Trial Court has not accorded sufficient opportunity to the counsel for the accused. Therefore, principles of natural justice are violated. If an opportunity for further cross-examination is accorded, no hardship or prejudice would be caused to the complainant. At the most disposal of case would be postponed for couple of days, on the other hand, if application is not allowed and not permitted, the accused for further cross-examination more injustice would be caused to the accused, than the complainant. 4. Thus, the petition is allowed and the application filed by the petitioner – accused under Section 311 of Cr.P.C. is allowed, subject to condition that, the accused - 4 - HC-KAR NC: 2025:KHC-D:7462 CRL.P No. 101616 of 2025 shall deposit a cost of Rs.2,000/- payable to the respondent – complainant before the Trial Court. 5. Both parties are directed to expedite the matter and refrain from seeking any unnecessary adjournments. They are further directed to appear before the Trial Court on 16.07.2025. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN List No.: 1 Sl No.: 47