- 1 - HC-KAR NC: 2025:KHC:49228 CRL.P No. 13460 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13460 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: KUVEMPU P.U. COLLEGE KORATAGERE TOWN KORATAGERE TALUK REPRESENTED BY ITS PRINCIPAL SRI. SIDDAPPA L.S. S/O SIDDALINGAPPA AGED ABOUT 54 YEARS ADDITIONAL ADDRESS SRI. SIDDAPPA L.S. S/O NIJALINGAPPA AGED ABOUT 54 YEARS RESIDENT OF SIRA GATE NAGANNA PALYA, HEMAVATHI BLOCK, NEAR ARALIMARADA TUMKUR - 572 106. …PETITIONER (BY SRI. DEVARAJA M.S, ADVOCATE) AND: SMT. ANISHITHA S W/O SRI. SHIVAKUMARF K.R. AGED ABOUT 30 YEARS, SDA RESIDENT OF SHREE ESHWARA VINAYAKA TEMPLE, I MAIN, 2ND CROSS, SKS NAGARA DAVANAGERE - 577 005. …RESPONDENT (BY SRI. HAREESH BHANDARY T, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49228 CRL.P No. 13460 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE A ND JMFC, DAVANAGERE ON APPLICATION FILED U/S 311 OF THE CODE OF CRIMINAL PROCEDURE IN CC.NO.2160/2023 DATED 23.06.2025 AND PERMIT THE PETITIONER ON LEAD DEFENCE EVIDENCE BEFORE THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE IN CC.NO.2160/2023. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The order dated 23.06.2025 passed by the Court of Second Additional Senior Civil Judge and JMFC, Davanagere, in C.C.No.2160/2023, rejecting the application filed by the petitioner/accused to lead defence evidence, is assailed in this petition. 2. While rejecting the application, the learned Magistrate has observed that similar application filed by the accused was allowed on payment of cost and in spite - 3 - HC-KAR NC: 2025:KHC:49228 CRL.P No. 13460 of 2025 of that, neither the cost was paid nor he adduced evidence and only when the matter reached the stage of arguments, the accused has come up with the said application. 3. The learned Magistrate while dismissing the application, has taken into consideration the conduct of the accused and observing that in order to delay the proceedings, he has filed the application. 4. The matter pertains to the proceeding initiated by the respondent/complainant alleging an offence under Section 138 of the NI Act. It is true that the earlier application filed by the accused was allowed on imposition of cost and the opportunity was not availed by the accused. However, it is not in dispute that the accused has not at all led any defence evidence. The accused has to be given a reasonable opportunity to lead defence evidence to prevent miscarriage of justice. Hence, by imposing a reasonable cost on the accused, he may be - 4 - HC-KAR NC: 2025:KHC:49228 CRL.P No. 13460 of 2025 directed to lead defence evidence. Accordingly, the following order: ORDER Petition is allowed. The order dated 23.06.2025 passed by the Court of Second Additional Senior Civil Judge and JMFC, Davanagere in C.C.No.2160/2023 is set aside. The accused shall appear before the trial Court within two weeks from today. The learned Magistrate is directed to permit the accused to lead defence evidence, by fixing a date, making it clear that no further time shall be granted. The complainant shall be given an opportunity to conduct the cross-examination of the defence witness, if he intends. - 5 - HC-KAR NC: 2025:KHC:49228 CRL.P No. 13460 of 2025 The above order shall be subject to payment of cost of Rs.5,000/- (Rupees five thousand only), which is payable to the respondent/ complainant. Pending IA No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE BSV List No.: 1 Sl No.: 100