- 1 - NC: 2025:KHC-D:4423 CRL.P No. 103596 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103596 OF 2024 BETWEEN: SHRI JAMBANNA S/O. CHANDRASHEKHARAPPA MALLESHANNANAVAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/AT: BUDAGATTI VILLAGE, TQ AND DIST: HAVERI – 581110. …PETITIONER (BY SRI SHIVAPPA UMESH GODDEMMI AND SRI SADYOJAT R. BALIGATTIMATH, ADVOCATES) AND: SHRI HARISH S/O. SOMASHEKHAR SUNKAD, AGE: 43 YEARS, OCC: BUSINESS AND AGRICULTURIST, R/O: DESAI GALLI, HAVERI, TQ: AND DIST: HAVERI – 581 110. …RESPONDENT (BY SRI VIDYASHANKAR G. DALWAI, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO SET ASIDE THE DISMISSAL ORDER DATED 07.10.2024 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC, HAVERI, IN C.C.NO.676/2019 ON THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 311 OF CR.P.C. AND GIVE DIRECTION TO THE MAGISTRATE TO GIVE PERMISSION TO THE PETITIONER/ACCUSED TO FURTHER CROSS-EXAMINATION OF THE P.W.1 IN C.C. NO.676/2019 BY ALLOWING THIS CRIMINAL PETITION. GRANT SUCH OTHER RELIEF/S AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4423 CRL.P No. 103596 of 2024 CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by petitioner/accused under Section 482 of the Code of Criminal Procedure seeking to setting aside the order dated 07.10.2024 passed in C.C.No.676/2019 by Prl. Civil Judge and JMFC, Haveri, whereunder, the application filed by the petitioner under Section 311 of Cr.P.C seeking recall of PW-1 came to be rejected. 2. Heard learned counsel for the petitioner and learned counsel for respondent. 3. The respondent/complainant has initiated proceedings against the petitioner/accused for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘138 of N.I. Act’, for short) and it was pending in C.C.No.676/2019 on the file of Prl. Civil Judge and JMFC, Haveri. - 3 - NC: 2025:KHC-D:4423 CRL.P No. 103596 of 2024 4. In the said criminal case, the complainant has been examined as PW-1. On 09.07.2024, the case was posted for cross-examination of the PW-1. On that day, counsel for petitioner cross examined PW-1 in part and sought for time for further cross examination. The said prayer of the counsel for the petitioner/accused came to be rejected and further cross-examination of PW-1 has been taken as nil. Thereafter, the counsel for petitioner/accused filed application under Section 311 of Cr.P.C on 29.08.2024 seeking recall of PW-1 for further cross examination. The counsel for respondent/complainant filed objections to the said application. Learned Magistrate has dismissed the said application by impugned order dated 07.10.2024. The said order has been challenged by the petitioner/accused in this present petition. 5. Learned counsel for petitioner would contend that in order to establish the defence of the petitioner/accused, the further cross examination of PW-1 - 4 - NC: 2025:KHC-D:4423 CRL.P No. 103596 of 2024 is necessary. The learned Magistrate has rejected the application to recall PW-1 for further cross examination only on the ground that sufficient opportunity has been given. He further submits that if opportunity is not given to the petitioner/accused, he will not be able to establish his defence. With this, he prayed to allow the petition. 6. Learned counsel for respondent would contend that inspite of granting sufficient opportunities, the counsel for petitioner/accused has not cross-examined PW-1. He cross-examined PW-1 in part on 09.07.2024 and sought time for further cross examination. In order to harass the complainant, the accused was taking adjournment and filing such applications. Considering all these aspects, the learned Magistrate has rightly rejected the application by the impugned order. With this, he prays to dismiss the petition. 7. Having heard learned counsels, the Court has perused the impugned order and other materials placed on record. - 5 - NC: 2025:KHC-D:4423 CRL.P No. 103596 of 2024 8. The cheque involved in the case is issued for Rs.3,80,000/-. The learned counsel for petitioner/accused has cross-examined PW-1 on 09.07.2024 in part and sought for time for further cross-examination. At that time, the learned Magistrate has rejected his prayer and taken further cross-examination of PW-1 as nil and posted the case for defence evidence. The application filed by the petitioner under Section 311 of Cr.P.C seeking recall of PW-1 for further cross-examination has been rejected by the learned Magistrate on the ground that prior to 09.07.2024, the petitioner/accused has been granted several opportunities for cross-examination and matter came to be adjourned. Noting the same, the application filed by the petitioner came to be rejected. If the petitioner is not given opportunity to further cross examine PW-1, the petitioner/accused will not be able to establish his defence. The learned Magistrate considering the same, ought to have allowed the application filed by the petitioner subject to payment of cost. Considering all - 6 - NC: 2025:KHC-D:4423 CRL.P No. 103596 of 2024 these aspects, the impugned order requires to be set aside. 9. In the result, the following: ORDER i. The petition is allowed subject to payment of cost of Rs.2,000/- payable to the respondent/complainant. ii. The impugned order dated 07.10.2024 passed in C.C.No.676/2019 by Prl. Civil Judge and JMFC, Haveri is set aside. iii. The application filed by petitioner/accused under Section 311 Cr.P.C stands allowed. iv. PW-1 is recalled for further cross examination. v. The petitioner/accused shall cross examine PW-1 fully without fail on 25.03.2025, the petitioner to pay or deposit the said cost on or before 25.03.2025. - 7 - NC: 2025:KHC-D:4423 CRL.P No. 103596 of 2024 vi. Both the parties are directed to co-operate for speedy disposal of the case, since it is more than 5 years old. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE RKM CT-ASC