- 1 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100180 OF 2021 C/W CRIMINAL PETITION NO. 100170 OF 2021 CRIMINAL PETITION NO. 100173 OF 2021 (482(CR.PC)/528(BNSS)) IN CRL.P. NO. 100180 OF 2021: BETWEEN: M/S. JSW STEEL LIMITED, P.O. VIDYANAGAR, TORANAGALLU-583 275, DIST. BALLARI, KARNATAKA, AN INCORPORATED COMPANY, R/BY ITS POWER OF ATTORNEY HOLDER MR. SATISH KUMAR M., AGE. 38 YEARS, OCC. MANAGER (FINANCE AND ACCOUNTS), R/O. SRI. SHABARI NILAYA, DOOR NO.62/8, BENGALURU ROAD, BALLARI-583 101. … PETITIONER (BY SRI. PRASHANT F. GOUDAR, ADVOCATE) AND: 1. MR. MANOJ SOMPURA, AGE. 66 YEARS, OCC. PRINCIPAL OFFICER AND DIRECTOR, M/S. RACHANA GLOBAL EXCAVATIONS LTD., BUILDING 4 AND 5, SIGMA-1, CORPORATE PARK, NEAR SINDHU BHAVAN ROAD, BODAKDEV, AHMEDABAD-380 054, GUJARAT. 2. M/S. RACHANA GLOBAL EXCAVATION LTD., REP. BY MANOJ SOMPURA, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 PRINCIPAL OFFICER AND DIRECTOR, BUILDING 4 AND 5, SIGMA-1, CORPORATE PARK, NEAR SINDHU BHAVAN ROAD, BODAKDEV, AHMEDABAD-380 054, GUJARAT. … RESPONDENTS (BY SRI. NANDISH PATIL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.12.2020 PASSED BY THE V ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI IN C.C. NO.705/2010, PRODUCED VIDE ANNEXURE-A, BY WHICH THE LEARNED TRIAL COURT WAS TO ALLOW THE APPLICATION FILED BY THE RESPONDENT/ACCUSED UNDER SECTION 91 OF CR.P.C., AND DIRECTING THE PETITIONER/COMPLAINANT TO PRODUCE THE DOCUMENTS AS SOUGHT BY THE RESPONDENT/ACCUSED. IN CRL.P. NO. 100170 OF 2021: BETWEEN: M/S. JSW STEEL LIMITED, P.O. VIDYANAGAR, TORANAGALLU-583 275, DIST. BALLARI, KARNATAKA, AN INCORPORATED COMPANY, R/BY ITS POWER OF ATTORNEY HOLDER MR. SATISH KUMAR M., AGE. 38 YEARS, OCC. MANAGER (FINANCE AND ACCOUNTS), R/O. SRI. SHABARI NILAYA, DOOR NO.62/8, BENGALURU ROAD, BALLARI-583 101. … PETITIONER (BY SRI. PRASHANT F. GOUDAR, ADVOCATE) AND: 1. MR. MANOJ SOMPURA, AGE. 66 YEARS, OCC. PRINCIPAL OFFICER AND DIRECTOR, M/S. RACHANA GLOBAL - 3 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 EXCAVATIONS LTD., BUILDING 4 AND 5, SIGMA-1, CORPORATE PARK, NEAR SINDHU BHAVAN ROAD, BODAKDEV, AHMEDABAD-380 054, GUJARAT. 2. M/S. RACHANA GLOBAL EXCAVATION LTD., BUILDING 4 AND 5, SIGMA-1, CORPORATE PARK, NEAR SINDHU BHAVAN ROAD, BODAKDEV, AHMEDABAD-380 054, GUJARAT. … RESPONDENTS (BY SRI. NANDISH PATIL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.12.2020 PASSED BY THE V ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI IN C.C. NO.706/2010, PRODUCED VIDE ANNEXURE-A, BY WHICH THE LEARNED TRIAL COURT WAS TO ALLOW THE APPLICATION FILED BY THE RESPONDENT/ACCUSED UNDER SECTION 91 OF CR.P.C., AND DIRECTING THE PETITIONER/COMPLAINANT TO PRODUCE THE DOCUMENTS AS SOUGHT BY THE RESPONDENT/ACCUSED. IN CRL.P. NO. 100173 OF 2021: BETWEEN: M/S. JSW STEEL LIMITED, P.O. VIDYANAGAR, TORANAGALLU-583 275, DIST. BALLARI, KARNATAKA, AN INCORPORATED COMPANY, R/BY ITS POWER OF ATTORNEY HOLDER MR. SATISH KUMAR M., AGE. 38 YEARS, OCC. MANAGER (FINANCE AND ACCOUNTS), R/O. SRI. SHABARI NILAYA, DOOR NO.62/8, BENGALURU ROAD, BALLARI-583 101. … PETITIONER (BY SRI. PRASHANT F. GOUDAR, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 AND: 1. MR. MANOJ SOMPURA, AGE. 66 YEARS, OCC. PRINCIPAL OFFICER AND DIRECTOR, M/S. RACHANA GLOBAL EXCAVATIONS LTD., BUILDING 4 AND 5, SIGMA-1, CORPORATE PARK, NEAR SINDHU BHAVAN ROAD, BODAKDEV, AHMEDABAD-380 054, GUJARAT. 2. M/S. RACHANA GLOBAL EXCAVATION LTD., BUILDING 4 AND 5, SIGMA-1, CORPORATE PARK, NEAR SINDHU BHAVAN ROAD, BODAKDEV, AHMEDABAD-380 054, GUJARAT. … RESPONDENTS (BY SRI. NANDISH PATIL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.12.2020 PASSED BY THE V ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI IN C.C. NO.1165/2018, PRODUCED VIDE ANNEXURE-A, BY WHICH THE LEARNED TRIAL COURT WAS TO ALLOW THE APPLICATION FILED BY THE RESPONDENT/ACCUSED UNDER SECTION 91 OF CR.P.C., AND DIRECTING THE PETITIONER/COMPLAINANT TO PRODUCE THE DOCUMENTS AS SOUGHT BY THE RESPONDENT/ACCUSED. THESE PETITIONS ARE COMING ON FOR FURTHER HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. These three petitions arise between the same parties and therefore with the consent of learned counsels appearing for the parties, the petitions are heard together and disposed of by this common order. 2. Heard learned counsel for the parties. 3. The petitioner herein had initiated three separate proceedings for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 against the respondents herein before the Court of V Additional Civil Judge and JMFC, Ballari in C.C.No.705/2010, C.C.No.706/2010 and C.C.No.1165/2018. In the said proceedings, the respondents had filed applications under Section 91 of Cr.P.C. with a prayer to summon the petitioner for production of certain documents, particulars of which was mentioned in the said applications. The said applications dated 13.03.2020 was opposed by the petitioner by filing - 6 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 objections and the trial Court by separate order dated 22.12.2020 passed in C.C.No.705/2010, C.C.No.706/2010 and C.C.No.1165/2018, had allowed the said applications. Assailing the said orders, the petitioner is before this Court. 4. Perusal of the material on record would go to show that the proceeding for the offence punishable under Section 138 of the Negotiable Instruments Act was initiated by the petitioner against the respondents in the year 2010. In the said proceedings, the respondents herein had earlier filed three separate applications before the trial Court under Section 91 of Cr.P.C., to summon the complainant/petitioner to produce certain documents as mentioned in the applications and the said applications were allowed by the trial Court vide order dated 24.06.2011, passed separately in the aforesaid three cases. The said order was questioned by the petitioner before this Court in Criminal Petition No.11016/2011, Criminal Petition No.11017/2011 and Criminal Petition - 7 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 No.11018/2011, which were dismissed by common order passed by this Court on 21.03.2012. Thereafter, the petitioner had approached the Hon’ble Supreme Court in Special Leave Petition (Criminal) Nos.3635-3637/2012 challenging the order passed by this Court in the aforesaid three petitions on 21.03.2012. Subsequently, the Special Leave Petitions were dismissed as withdrawn on 10.03.2016. 5. Thereafter, on behalf of the petitioner/complainant, PW1 and PW2 were examined before the trial Court. It is not in dispute that the order dated 24.06.2011 passed by the trial Court directing the petitioner to produce documents as mentioned in the application dated 27.04.2011 was complied by the petitioner before the trial Court. After the evidence on behalf of the petitioner/complainant was closed before the trial Court, once again fresh applications were filed on behalf of the respondents before the trial Court under Section 91 of Cr.P.C. with a prayer to further summon - 8 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 certain other documents from the petitioner. The said applications have been allowed vide the impugned order passed by the trial Court. 6. The respondents had earlier filed similar application under Section 91 of Cr.P.C. in the year 2011, which was allowed by the trial Court. Perusal of the application dated 27.04.2011 would go to show that as many as seven documents were summoned from the petitioner. Undisputedly, the order dated 24.06.2011 directing the petitioner to produce documents as sought for by the respondents has been complied. After the evidence on behalf of the petitioner/complainant is closed, once again three separate applications are filed by the respondents. The respondents/accused cannot be permitted to file such applications on piecemeal and it is apparent that only with an intention to protract the proceedings, present applications are filed. Nothing prevented the respondents from seeking the said documents earlier. It is relevant to take note of the fact - 9 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 that the order sheet of the trial Court, which is made available to this Court, would go to show that the case before the trial Court is now at the stage of addressing argument on behalf of the parties. It is also relevant to take note that proceedings filed under Section 138 of the Negotiable Instruments Act is summary in nature and the order sheet of the trial Court does not show that trial in the present case is held exercising powers under Section 259 of Cr.P.C. Under the circumstances, I am of the opinion that the order impugned passed by the trial Court directing the petitioner to produce documents cannot be sustained. Accordingly, the following: ORDER i. Criminal Petitions are allowed. ii. The impugned orders dated 22.12.2020 passed by the Court of V Additional Civil Judge and JMFC, Ballari in C.C.No.705/2010, C.C.No.706/2010 and C.C.No.1165/2018 are set aside. Considering the fact that complaint - 10 - HC-KAR NC: 2025:KHC-D:10474 CRL.P No. 100180 of 2021 C/W CRL.P No. 100170 of 2021 CRL.P No. 100173 of 2021 is of the year 2010, the trial Court is directed to dispose off the cases on merits as expeditiously as possible. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 1 SL NO.: 97