- 1 - NC: 2025:KHC-D:776 CRL.P No. 101415 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101415 OF 2021 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. MAHESH M. HIREMATH S/O. MRITYUNJAYA HIREMATH, AGED ABOUT 42 YEARS, OCC. REAL ESTATE BUSINESS, R/O. HIREMATH LAYOUT, NEAR SATNUR LAYOUT, AGRICULTURE COLLEGE FRONT SIDE, DHARWAD-580005. …PETITIONER (BY SRI. PRAVEEN P. TARIKAR, SRI.GANGADHAR J M & SRI. SHARANABASAVARAJ C, ADVOCATES) AND: SRI. MANJUNATH M. KATTI S/O. MALLAPPA KATTI AGED ABOUT 42 YEARS, OCC. AGRICULTURE, R/O. HARIJANKERI, NAVALUR, DHARWAD DISTRICT-500009 …RESPONDENT (BY SRI. C.S. NAGASHETTI, ADVOCATE) THIS CRIMINAL PETITION FILED U/S 482 OF CR.P.C., PRAYING TO, CALL FOR RECORDS AND SET ASIDE THE ORDER DATED 15/06/2021 PASSED BY III ADDL. CIVIL JUDGE AND JMFC, DHARWAD IN C.C.NO.478/2019 BY ALLOWING THE PRESENT PETITION PERMITTING THE PETITIONER TO CROSS-EXAMINE THE COMPLAINANT I.E. PW-1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:50 +0530 - 2 - NC: 2025:KHC-D:776 CRL.P No. 101415 of 2021 ORAL ORDER 1. The petitioner/accused, who is facing trial for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), has approached this Court. 2. After the completion of the complainant’s evidence, the matter was set down for defence evidence on 30.12.2019. Despite being granted sufficient opportunities, the accused failed to lead defence evidence. Consequently, the case was posted for judgment. The petitioner filed an application under Section 311 of the Code of Criminal Procedure (Cr.P.C.) seeking to reopen the case and permit him to lead his evidence. However, the trial Court dismissed the said application, prompting the petitioner to file this petition. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 4. The petitioner has attributed his failure to lead evidence, despite being given sufficient opportunities, to his inability to attend Court proceedings due to the Covid-19 pandemic. While the reason assigned does not constitute sufficient cause to reopen the case and permit the accused to lead defence evidence, in the interest of securing the ends of justice and ensuring a fair trial, as guaranteed under Article 21 of the Constitution of India, it is appropriate to grant the petitioner one final opportunity to lead his evidence. - 3 - NC: 2025:KHC-D:776 CRL.P No. 101415 of 2021 5. In view of the interim order granted by this Court, the proceedings before the trial Court were stayed. No prejudice would be caused to the complainant if the application filed under Section 311 of Cr.P.C. is allowed. 6. Accordingly, the petition is allowed. The order dated 15.06.2021 passed by the learned III Addl. Civil Judge and JMFC, Dharwad, in CC No.478/2019, dismissing the application filed under Section 311 of Cr.P.C., is hereby set aside. The application is allowed. 7. The petitioner/accused is permitted to lead defence evidence, if any, on the date fixed by the trial Court. Failure to lead defence evidence on the said date will entitle the trial Court to proceed further in accordance with law. 8. This order is subject to the payment of costs of Rs.5,000/-. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 49