- 1 - HC-KAR NC: 2025:KHC:29932 CRL.P No. 9232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.9232 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI CHINNASWAMY S/O LATE ANTHONAPPA, AGED ABOUT 59 YEARS, DIRECTOR, CSS DEVELOPERS SRI KOUNDINYA NO.L-54, 2ND FLOOR, 2ND ‘B’ MAIN VI STREET, HSR LAYOUT BENGALURU – 560 102. AND ALSO AT: # 300, 7TH MAIN, 13TH CROSS, 6TH SECTOR, H.S.R. LAYOUT BENGALURU – 560 102. …PETITIONER (BY SRI. MANJUNATH B.N., ADVOCATE) AND: SRI N BABU REDDY S/O LATE SRI NARAYANA REDDY AGED ABOUT 52 YEARS, NO.44/8, ASHWAEWATHAPPA APARTMENT, SADHASHIVANAGARA, ANEKAL ROAD, ATHIBELE, BENGALURU – 562 107. …RESPONDENT (BY SRI. HARISH KUMAR M.S., ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 23.06.2025 ON THE APPLICATION FILED UNDER SEC.91 OF THE CODE OF CRIMINAL Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29932 CRL.P No. 9232 of 2025 PROCEDURE, FILED BY THE PETITIONER SUMMONING THE DOCUMENTS IN C.C.NO.25994/2016 ON THE FILE OF XXII A.C.J.M BENGALURU (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the accused in C.C.No.25994/2016 is directed against the impugned order dated 23.06.2025, whereby the application filed by the petitioner – accused under Section 91 Cr.P.C. seeking summoning of the certified copy of the Gift Deed dated 20.11.2004 and a direction to the Income Tax Authorities to produce PAN Card signature records, was rejected by the XXII Addl. Chief Judicial Magistrate, Bengaluru. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that respondent is the complainant in the impugned proceedings filed under Section 138 of Negotiable Instruments Act, in which the petitioner is an accused. After completion of evidence of - 3 - HC-KAR NC: 2025:KHC:29932 CRL.P No. 9232 of 2025 respondent – complainant, petitioner – accused filed the instant application seeking the following reliefs: “(i) Issue summons to the Sub-Registrar, Bangalore South, to produce a certified copy of the Gift Deed dated 20.11.2004 (Document No.208/2004-05) concerning the property of late Mr. Boja Reddy as mentioned above. (ii) Issue summons to the Income Tax Officer (or relevant authority) to produce the PAN card signature records of the complainant from 1992 to present, including copies of PAN applications and income filings.” 4. The said application having been opposed by the respondent – complainant, the Trial Court proceeded to pass the impugned order rejecting the application on the ground that the said documents including Gift Deed, which are registered documents and were not required for the purpose of adjudication of the issues in controversy between the parties. 5. Learned counsel for the petitioner on instructions submits that if the impugned order is set aside and directions are issued to the registering authorities and Income Tax Authorities to produce the aforementioned documents, petitioner would undertake not to file any other application seeking summoning of any other documents from any other public authority. It is further - 4 - HC-KAR NC: 2025:KHC:29932 CRL.P No. 9232 of 2025 submitted that liberty may be reserved in favour of the petitioner to examine himself as defence witness – DW1 and adduce such other oral and documentary evidence, in accordance with law. 6. Per contra, learned counsel for the respondent – complainant on instructions submits that he has no objection for the impugned order to be set aside and for the application filed by the petitioner to be allowed subject to the condition that petitioner should not be permitted to file similar / identical application seeking summoning of documents from any public / government authorities. 7. In view of the aforesaid facts and circumstances and joint submission made by both sides, I deem it just and appropriate to set aside the impugned order and allow the application filed by the petitioner and issue further directions to the Trial Court for disposal of the proceedings. 8. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 23.06.2025 passed in C.C.No.25994/2016 by the XXII Addl. Chief Judicial Magistrate, Bengaluru, is hereby set aside. - 5 - HC-KAR NC: 2025:KHC:29932 CRL.P No. 9232 of 2025 (iii) Application filed by the petitioner – accused under Section 91 Cr.P.C. is hereby allowed. (iv) The Trial Court shall issue summons to the registering authorities as well as the Income Tax authorities and procure the documents indicated in the application as expeditiously as possible. (v) It is further directed that both the petitioner and respondent are reserved liberty to adduce oral and documentary evidence in support of their claims. (vi) Further, petitioner shall not be entitled to file any application seeking summoning of any documents of any kind or type from any government or public authorities. (vii) Trial Court is directed to conclude the proceedings within a period of four months from the date of receipt of a copy of this order. (viii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 1 Sl No.: 3