- 1 - HC-KAR NC: 2025:KHC-D:9725 CRL.P No. 102734 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102734 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI. MANJUNATH S/O. IRAPPA HANAMUR, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: TALA ONI, MUGAD, DHARWAD-580 007. … PETITIONER (BY SRI. S.R. HEGDE, ADVOCATE) AND: SRI. SATYANAND S/O. GIRISH PRABHAKAR, AGED ABOUT 57 YEARS, OCC: SOCIAL WORKER, R/O: C/O. SMT. SUSHEELABAI CHALAVADI, NO.377, NEAR KARIAYAMMA TEMPLE, JAIBHEEMA NAGAR, DHARWAD-580 001, NOW AT NO.28, SHALU BUILDING, 4TH MAIN ROAD, NANDI BADAVANE, OPP. RTO, HUBBALLI, DIST: DHARWAD-580 024. …RESPONDENT (BY SRI. KRISHNA N. MURNAL, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO SETTING ASIDE THE ORDER PASSED ON INTERIM APPLICATION FILED BY THE PETITIONER UNDER SECTION 311 OF CR.P.C. AND 145(2) OF N. I. ACT IN C.C. NO.2464/2024 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND JMFC DHARWAD DATED 02-07- 2025 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9725 CRL.P No. 102734 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused in C.C. No.2464 of 2024 pending before the Court of III Additional Senior Civil Judge and CJM, Dharwad is before this Court assailing the order dated 02.07.2025 passed by the said Court rejecting the application filed by petitioner under Section 311 of Cr.P.C. to recall PW1 for the purpose of cross- examination. 2. Heard the learned counsel for the parties. 3. Respondent herein has initiated proceedings against the petitioner before the Jurisdictional Court of Magistrate in C.C. No.2464 of 2024 for offence punishable under Section 138 of the Negotiable Instruments Act. In the said proceedings, the complainant has examined himself as PW1. Since the defence had not cross-examined PW1, the cross-examination was taken as ‘nil’ and the Trial Court had proceeded further in the case. Application filed on behalf of the petitioner – accused under Section 311 of Cr.P.C. to recall PW1 before the Trial Court was rejected on 02.07.2025. Therefore, he is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:9725 CRL.P No. 102734 of 2025 4. Perusal of the material on record would go to show that similar applications were earlier filed on behalf of the petitioner and the Trial Court had thrice allowed such applications and permitted the petitioner to cross-examine PW1. Though the earlier three applications filed on behalf of the petitioner under Section 311 of Cr.P.C. were allowed by the Trial Court, the petitioner had failed to cross-examine PW1 in spite of opportunities being granted to him by the Trial Court. It is under these circumstances, the fourth application filed by the petitioner under Section 311 of Cr.P.C. was rejected. This Court vide order dated 17.07.2025, while granting an interim order of stay, had directed the petitioner to deposit a sum of Rs.10,000/- before the Trial Court to be paid to the respondent – complainant in order to extend a further opportunity of cross- examination of PW1. 5. Learned counsel for the petitioner fairly submits that till date the interim order passed by this Court on 17.07.2025 directing the petitioner to deposit sum of Rs.10,000/- before the Trial Court, has not been complied. Material on record would go to show that prayer made by the - 4 - HC-KAR NC: 2025:KHC-D:9725 CRL.P No. 102734 of 2025 petitioner for recalling PW1 was thrice allowed by the Trial Court and in spite of the same, he had not cross-examined PW1. He also has not deposited the amount of Rs.10,000/- as directed by this Court by the order dated 17.07.2025 and the same would go to show that petitioner is not interested to cross-examine PW1 and on the other hand, he is only trying to protract the litigation. Under the circumstances, the following: ORDER Criminal Petition is dismissed. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH LIST NO.: 1 SL NO.: 68