- 1 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M.G. UMA CRIMINAL PETITION NO. 12020 OF 2025 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 12034 OF 2025 IN CRL.P No. 12020/2025 BETWEEN: MR. S. MITHUNN S/O. SATHYANARAYANA, AGED ABOUT 44 YEARS, FLAT NO. 1173, 11TH FLOOR, SHOBA TULIP APARTMENT, J.P. NAGAR, BANGALORE-560 078. AND ALSO AT MR. S. MITHUNN S/O. SATHYANARAYANA, AGED ABOUT 35 YEARS, NO.61, 3RD MAIN, 1ST ‘A’ CROSS, BANASHANKARAI 1ST STAGE, VINAYAKA NAGAR, BANGALORE-560050 AND ALSO AT MR. S. MITHUNN S/O. SATHYANARAYANA, AGED ABOUT 35 YEARS, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 M/S. LOGIAPP SOLUTIONS PVT LTD NEW NO.36/9, 1ST FLOOR, 11TH MAIN, 5TH BLOCK, JAYANAGAR, BANGALORE-560041 …PETITIONER (BY SRI E.I. SANMATHI, ADVOCATE) AND: HOUSING DEVELOPMENT FINANCE CORPORATION LTD, (HDFC LTD.), NO. 51, HDFC HOUSE, KASTURBA ROAD, BANGALORE-560 001, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER /ASST. MANAGER CREDIT RISK MANAGEMENT - LEGAL SRI SHRIDHAR CHINNI S/O. CHINNI VENKATARAMANA, AGED ABOUT 25 YEARS. …RESPONDENT (BY SRI VARUN S., ADVOCATE) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C., (FILED U/S 528 OF BNNS) PRAYING TO SET ASIDE THE ORDER DATED 02.08.2025 PASSED IN C.C.NO.1401/2018 ON APPLICATION FILED BY PETITIONER UNDER SECTION 311 OF CR.P.C. R/W. SECTION 348 OF BNSS ACT AND PERMIT THE PETITIONER TO LEAD ACCUSED EVIDENCE. IN CRL.P NO. 12034/2025 BETWEEN: MR. S. ROHIT CHOPRA, S/O. OM PRAKASH CHOPRA, AGED ABOUT 44 YEARS, NO.846, 26TH MAIN, - 3 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 10TH CROSS, SECTOR-1, HSR LAYOUT, J.P. NAGAR, BANGALORE-560 102. ALSO AT MR. ROHIT CHOPRA S/O. OM PRAKASH CHOPRA, CISCO SYSTEMS INDIA PRIVATE LTD., DESIGNATION: SENIOR MANAGER, DEPARTMENT: TECHNICAL SEZ UNIT CESSNA BUSINESS PARK, KADUBEESANAHALLI VILLAGE, MARATHAHALLI, BANGALORE- 560087. AND ALSO AT MR. ROHIT CHOPRA S/O. OM PRAKASH CHOPRA, AGED ABOUT 44 YEARS, BSR KOORLA RESIDENCY, FLAT NO.109, 1ST FLOOR, NO.661/56/2, KOGILU VILLAGE, YELAHANKA HOBLI, BANGALORE-560064. ...PETITIONER (BY SRI E.I. SANMATHI, ADVOCATE) AND: HOUSING DEVELOPMENT FINANCE CORPORATION LTD, (HDFC LTD.) NO. 51, HDFC HOUSE, KASTURBA ROAD, BANGALORE-560 001, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER/ASST. MANAGER CREDIT RISK MANAGEMENT LEGAL, SRI SHRIDAR CHINNI, S/O CHINNI VENKAATARAMANA, - 4 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 AGED ABOUT 25 YEARS, ...RESPONDENT (BY SRI VARUN S., ADVOCATE) THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.,(528 OF BNSS) PRAYING TO SET ASIDE THE ORDER DATED 02.08.2025 PASSED BY THE COURT OF ON APPLICATION FILED BY PETITIONER UNDER SECTION 311 OF CR.P.C., READ WITH SECTION 348 OF BNSS ACT AND PERMIT THE PETITIONER TO LEAD ACCUSED EVIDENCE. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M.G. UMA ORAL ORDER 1. The petitioner being the accused in C.C. No.1401/2018 on the file of the learned XI Additional Senior Civil Judge and A.C.M.M., Bengaluru [for short ‘Trial Court’] registered for the offence punishable under Section 138 of Negotiable Instruments Act [for short ‘N.I. Act’], is seeking to set aside the order dated 02.08.2025 passed by the Trial Court rejecting the application under Section 311 of Criminal Code of Procedure [for short ‘Cr.P.C.’] read with Section 348 of Bharatiya Nagarik Suraksha Sanhita, 2023 [for short ‘BNSS’]. - 5 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 2. Facts of the case in brief are that, the respondent/complainant has filed a private complaint against the petitioner herein alleging commission of the offence punishable under Section 138 of N.I. Act. Learned Trial Court took cognizance of the offence and registered the case in C.C. No.1401/2018. The complainant examined himself as PW1 during March - 2018. PW1 was cross-examined on various dates and finally, matter was listed for recording statement of the accused under Section 313 of Cr.P.C., during December – 2018. It is stated that during January – 2019, the matter was listed for defence evidence. In the meantime, the petitioner has filed Crl.P. No.58/2019 before this Court, seeking to quash the criminal proceedings initiated against him. The said petition came to be dismissed vide order dated 01.10.2024. Thereafter, it appears that, the petitioner has filed applications after application, seeking to recall PW1 for the purpose of further cross-examination. During March-2025 and June-2025, the case was reopened at the - 6 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 cost of Rs.1,000/- each. Even thereafter, the accused has not led any evidence. 3. The impugned order passed by the Trial Court discloses that, even though, the matter was set down for defence evidence on 28.06.2018, the accused has remained absent. It is thereafter, the matter was posted for arguments. The first application under Section 311 of Cr.P.C., came to be filed to recall PW1 for further cross- examination and the same was allowed on 24.07.2018. Later, the matter was referred for Lok Adalat at the instance of the parties. However, there was no settlement and again the matter came before the Trial Court. The second application under Section 311 of Cr.P.C., came to be filed and the same was allowed on 20.11.2018, statement of the accused again was recorded on 05.12.2018 and the matter was set down for defence evidence on 18.01.2019. - 7 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 4. It is noticed that even after dismissal of the criminal petition vide order dated 01.10.2024, the accused remained absent on 13.11.2024. Even though, the Trial Court directed the accused to deposit the interim compensation, the accused remained absent. Under such circumstances, the prayer of the accused seeking adjournment to lead defence was rejected and the matter was listed on 01.03.2025. In the meantime, there was change in the counsel appointed by the accused. When the matter was listed on 01.03.2025 again there was change in the counsel and the another application under Section 311 of Cr.P.C., came to be filed seeking to recall PW1 for further cross-examination, which was also came to be allowed, subject to costs of Rs.1,000/-. When the matter was posted for arguments after further cross- examination of PW1, one more application under Section 311 of Cr.P.C., was filed seeking to reopen the case and permit the accused to lead defence evidence and another application to summon the witness. The application for - 8 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 reopening the case was also allowed subject to costs and posted the matter on 16.06.2025. On the said date, the accused again remained absent. However, the Trial Court adjourned the matter to 20.06.2025. On that day also, the accused remained absent. Under such circumstances, the Trial Court was forced to take the defence evidence as ‘Nil’ and posted the matter for arguments. Accused filed the forth application under Section 311 of Cr.P.C., seeking to reopen the case for defence evidence. Taking note of all these facts and circumstances and the conduct of the accused, the Trial Court passed the impugned order rejecting the application under Section 311 of Cr.P.C. Being aggrieved by the same, the petitioners are before this Court. 5. The order-sheet dated 17.09.2024 reads as under: “Heard the learned counsel for the petitioner in both the petitions. After hearing the learned counsel for the petitioners, it is noticed that, in spite of giving about - 9 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 seven years, the petitioners/accused have not led their evidence before the Trial Court. Later, the application under Section 311 of Cr.P.C. was filed for permitting the accused to lead evidence, which was came to be rejected, which is impugned in these petitions. Considering the facts and circumstances and the conduct of the petitioners, it is suggested to the learned counsel for the petitioners to deposit the cheque amount before the Trial Court within four weeks from today. to enable this Court to consider his prayer to set aside the impugned order and permit him to lead evidence before the Trial Court. Learned counsel for the petitioners seeks time till 22.09.2025. List the matter on 22.09.2025.” 6. In this view of the matter, I have taken into consideration the dates on which the matters were being posted before the Trial Court and the conduct of the petitioner/accused before the Trial Court. The conduct of the accused do not inspire confidence in the mind of the Court and he is successful in dragging on the matter from 2018 to till now for one or the other reasons. - 10 - HC-KAR NC: 2025:KHC:38015 CRL.P No. 12020 of 2025 C/W CRL.P No. 12034 of 2025 7. It is to be noticed that when it is suggested to the learned counsel for the petitioner offering to allow the petition/application subject to the condition that the cheque amount be deposited before the Trial Court, the petitioner is not ready to make any specific submission. Taking into consideration all these facts and circumstances, I am of the opinion that the petitioner is bent upon in dragging on the matter indefinitely without allowing into be concluded. There are no bonafides in his contentions. Therefore, petition is liable to be dismissed. 8. Accordingly, I proceed to pass the following: ORDER (i) The petition is dismissed. (ii) The Trial Court is directed to proceed with the matter on merits and to dispose off the matter forthwith, in accordance with law. Sd/- (M.G. UMA) JUDGE SBS List No.: 19 Sl No.: 2