- 1 - HC-KAR NC: 2025:KHC:45897 CRL.P No. 13426 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13426 OF 2025 BETWEEN: 1. M/S. TIRUMALA CONSTRUCTIONS A PARTNERSHIP FIRM OFFICE AT NO.326, 5TH MAIN, 10TH CROSS, 4TH STAGE, VINAYAKA LAYOUT, NAGARABHAVI, BANGALORE-560 072, REPRESENTED BY ITS PARTNER OF THE FIRM MR. PRAVEEN MOHAN. 2. MR. PRAVEEN MOHAN S/O R. MOHAN, AGED ABOUT 45 YEARS, PARTNER OF THE FIRM M/S. TIRUMALA CONSTRUCTIONS, A PARTNERSHIP FIRM OFFICE AT NO.326, 5TH MAIN, 10TH CROSS, 4TH STAGE, VINAYAKA LAYOUT, NAGARABHAVI, BANGALORE-560 072. …PETITIONERS (BY SRI. CHETHAN KUMAR K., ADVOCATE) AND: MR. B.A. SRINIVAS S/O LATE P.A.A.R.GUPTA, AGED ABOUT 46 YEARS, RESIDING AT NO.401, 4TH FLOOR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45897 CRL.P No. 13426 of 2025 IHFD APARTMENT, NO.11, SRI. VASAVI TEMPLE ROAD, V.V.PURAM, BANGALORE-560 004. …RESPONDENT (BY SRI. V.B. SHIVAKUMAR, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 29.07.2025 PASSED BY THE COURT OF SMALL CAUSES JUDGE AND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE JUDGE AT BANGALORE (SCCH-9) CURRENTLY PENDING IN CC.NO.3836/2019 AT ANNEXURE-E. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the order dated 29.07.2025 passed by the Court of Small Causes Judge and Additional Chief Metropolitan Magistrate at Bengaluru, thereby dismissing his application filed under Section 311 of Cr.P.C. 2. Heard both sides and perused the material on record. 3. The respondent herein filed a complaint against the petitioner and another alleging an offence punishable - 3 - HC-KAR NC: 2025:KHC:45897 CRL.P No. 13426 of 2025 under Section 138 of the N.I. Act. The said complaint was filed in the year 2019. 4. The material on record reveals that the complainant was earlier cross-examined by the defence on 02.02.2021. Application under Section 311 Cr.P.C was filed by the petitioner/accused on the ground that the complainant has filed a civil suit in respect of the same transaction and therefore, in that regard they intend to cross-examine PW.1. 5. Learned Magistrate while dismissing the application has taken into consideration that when initially the matter was posted for cross-examination of PW.1 on 05.11.2019, accused took several adjournments and finally he cross-examined PW.1 on 02.02.2021. Thereafter, again accused took several adjournments for defence evidence, but did not make any efforts to adduce defence evidence on his behalf. Only when the matter was posted for defence evidence, accused filed the application without proper reason. - 4 - HC-KAR NC: 2025:KHC:45897 CRL.P No. 13426 of 2025 6. The case is based on dishonour of the cheque issued in respect of certain transaction between the accused and the complainant. Admittedly, the complainant was cross- examined on that aspect in the year 2021 itself. It appears that when the matter was posted for defence evidence, accused came up with an application to recall PW.1 for further cross-examination. 7. The filing of a suit by the complainant or any suggestions made in the said suit cannot give a cause of action for the accused to file an application under Section 311 Cr.P.C., for further cross-examination of PW.1. Since the matter is at the fag end, this Court is not inclined to interfere with the impugned order passed by the learned Magistrate. Petition is dismissed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 56