- 1 - HC-KAR NC: 2025:KHC:52378 CRL.P No. 15572 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15572 OF 2025 BETWEEN: SRI. K.G. APPANNA S/O LATE GOVINDAIAH, AGED ABOUT 62 YEARS, OFFICE AT NO.26/A, UNIMAG POWER INDUSTRIAL AREA, BANGALORE-560 058. …PETITIONER (BY SRI. NARAYANASWAMY K.N., ADVOCATE) AND: SMT. M.K. SHOBHA W/O M.C. CHALUVE GOWDA, AGED ABOUT 52 YEARS, R/AT NO.28, CHALUVA SADANA, 2ND ‘C’ MAIN, PREETHI NAGARA, LAGGERE, BENGALURU-560 058, …RESPONDENT (BY SRI. ANOOP KUMAR M.V., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 17.03.2025 IN C.C.NO.25671/2018 PENDING ON THE FILE OF THE XIX ADDL. CHIEF JUDICIAL MAGISTRATE COURT AT BENGALURU CITY BY ALLOWING THE APPLICATION UNDER SECTION 91 OF CR.P.C FILED BY THE PETITIONER. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52378 CRL.P No. 15572 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Dismissal of the application filed under Section 91 of Cr.P.C., by trial Court is under challenge in this petition. 2. Matter pertains to a proceeding initiated by the respondent against the petitioner for the offence punishable under Section 138 of the N.I. Act. 3. The complaint was lodged in the year 2018. PW.1 was cross-examined on 04.06.2019 and again on 05.11.2019. In the cross-examination PW.1 stated that a sum of Rs.18,00,000/- was drawn from the account of her husband. 4. The application under Section 91 of Cr.P.C., was filed by the petitioner on 10.07.2024. In the application, petitioner has sought summoning of the certified copy of the statements of complainant’s account in Syndicate - 3 - HC-KAR NC: 2025:KHC:52378 CRL.P No. 15572 of 2025 Bank, Laggere Branch, for the period from 01.02.2016 to 30.02.2016 and also the certified copy of the Repco Bank statement, Basaveshwara Nagara Branch for the same period. The revision petition filed by the petitioner against the impugned order passed by the learned Magistrate was dismissed on the ground of maintainability. 5. It is the contention of the learned counsel that the trial Court has not considered the defence of the petitioner that he has not taken any amount from the respondent as alleged in the complaint and not issued any cheques to the respondent in discharge of any legally enforceable debt or liability. He contended that the trial Court, without appreciating the defence, blindly rejected the application. He further contended that the summoning of the documents as sought in the application was necessary to prove the defence of the petitioner. 6. As already noted, the cross-examination of PW.1 was conducted on 04.06.2019 and 05.11.2019. The - 4 - HC-KAR NC: 2025:KHC:52378 CRL.P No. 15572 of 2025 application under Section 91 of Cr.P.C., was filed in the year 2024. 7. In a case of this nature, it is for the complainant to prove that a legally enforceable debt was existing and the accused has committed an offence under Section 138 of the N.I. Act. 8. From the material on record, it can be seen that PW1 was extensively cross-examined. The accused was examined himself as DW.1 on 04.09.2021 and 20.09.2021 and fully cross-examined by the complainant. Further, he got examined DW.2. After an inordinate delay of more than 4 years, the application has been filed, obviously to drag on the proceedings. The complaint was filed in the year 2018. This Court finds no grounds to interfere with the impugned order. Petition is dismissed. I.A.No.1/2025 is disposed of. - 5 - HC-KAR NC: 2025:KHC:52378 CRL.P No. 15572 of 2025 The observations made in this petition shall not influence the trial. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 62