- 1 - NC: 2025:KHC-D:1139 CRL.P No. 103754 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103754 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: M/S NIKIL PETROLEUM REPRESENTED BY ITS PROPRIETOR, SUNIL A/S/O HANAMANTHAPPA KENGANINGAPPANAVAR, AGE. 44 YEARS, OCC. BUSINESS, R/O. HAVANUR VILLAGE, TQ AND DIST. HAVERI-581110. …PETITIONER (BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE) AND: SRI. RAMESH S/O. MAHADEVAPPA GULED AGE. 47 YEARS, OCC. AGRICULTURE AND CIVIL CONTRACTOR, R/O. KANAVALLI VILLAGE, TQ. AND DIST. HAVERI-581110. …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO ALLOW THE CRIMINAL PETITION BY SETTING ASIDE THE IMPUGNED ORDER DATED 20.11.2024 PASSED IN CC NO.1142/2020 BY THE COURT OF PRL.CIVIL JUDGE AND JMFC, HAVERI, VIDE ANNEXURE-D AND ALLOW THE APPLICATION U/S 311 OF CR.P.C. TO RECALL P.W.1 FOR CROSS EXAMINATION FILED BY THE PETITIONER ON 08.10.2024, VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 11:20:51 +0530 - 2 - NC: 2025:KHC-D:1139 CRL.P No. 103754 of 2024 ORAL ORDER 1. The petitioner challenges the order passed by the learned Magistrate, whereby the application filed by the petitioner/accused under Section 311 of the Code of Criminal Procedure, 1973 (Cr.P.C.) to recall the complainant for cross- examination was rejected. 2. The respondent filed a private complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The petitioner/accused entered appearance before the trial court. The complainant’s examination-in-chief was recorded, and thereafter the matter was posted on several occasions for the cross-examination of the complainant. Despite being granted sufficient opportunities, the petitioner, without valid reason, failed to cross-examine the complainant. Consequently, the trial court passed the impugned order rejecting the petitioner’s application under Section 311 of Cr.P.C. 3. However, considering that if the petitioner is not permitted to cross-examine the complainant, the evidence of the complainant will remain unchallenged and, in all probability, will lead to the conviction of the accused for the offence punishable under Section 138 of the NI Act, it is essential to ensure a fair trial as guaranteed under Article 21 of the Constitution of India. Therefore, it would be appropriate to grant one more opportunity to the accused to cross-examine the complainant. - 3 - NC: 2025:KHC-D:1139 CRL.P No. 103754 of 2024 4. Accordingly, the petition is allowed. The impugned order dated 20.11.2024 passed by the learned Principal Civil Judge and JMFC, Haveri, in CC No.1142/2020, rejecting the application filed by the petitioner/accused under Section 311 of Cr.P.C., is hereby set aside. Consequently, the said application is allowed. 5. The petitioner/accused is permitted to cross-examine the complainant/PW1 on the date fixed by the trial court. If the petitioner/accused fails to cross-examine the complainant on the specified date, the trial court shall proceed in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 21