- 1 - HC-KAR NC: 2025:KHC:27352 CRL.P No. 4245 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.4245 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI MANOJ S. S/O.SRI SIDDE GOWDA AGED ABOUT 39 YEARS R/AT NO.47, 10TH MAIN ROAD S.K.LAYOUT, JNANJYOTHINAGARA BENGALURU-560 056 …PETITIONER (BY SRI JAGADEESHA GOWDA, ADVOCATE) AND: SRI RAJU K. AGED ABOUT 66 YEARS R/AT NO.57, 3RD MAIN 1ST CROSS, NEW KEMPEGOWDA LAYOUT BSK 3RD STAGE BENGALURU-560 085 ALSO AT: THE DIRECTOR M/S.BHOOSIRI CHITS PRIVATE LTD. NO.11, 1ST FLOOR, DATTAREYA ROAD NEAR NATIONAL CO-OPERATIVE BANK LTD, BASAVANAGUDI BENGALURU-560 004 …RESPONDENT (BY SRI R.MADHUSUDHANA REDDY, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC. (FILED UNDER SECTION 528 OF BNSS) PRAYING TO SET ASIDE THE ORDER DATED 03.03.2025 PASSED BY XXI Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27352 CRL.P No. 4245 of 2025 ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU ON AN INTERIM APPLICATION FILED BY THE PETITIONER IN PCR. NO.14000/2020 CONSECUTIVELY IN CC.NO.4157/2021 VIDE ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the complainant in CC.No.4157/2021 is directed against the impugned order dated 03.03.2025, whereby the application filed by the petitioner under Section 311 of Cr.PC. to recall the order dated 17.01.2025 and for permission to cross-examine DW.1 was rejected by the trial Court. 2. Heard learned counsel for petitioner and learned counsel for respondent. 3. A perusal of the material on record would indicate that the petitioner-complainant instituted the aforesaid proceedings in CC.No.4157/2021 against the respondent- accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. - 3 - HC-KAR NC: 2025:KHC:27352 CRL.P No. 4245 of 2025 4. The petitioner-complainant adduced his evidence and thereafter, the respondent examined himself as DW.1 on 12.09.2024 and the matter was adjourned to 15.10.2024 for cross-examination of DW.1. The order sheet maintained by the trial Court reveals that on 15.10.2024, the respondent-accused (DW.1) remained absent and an exemption application was filed and the matter adjourned to 29.10.2024, on which date, there was no sitting. The matter was subsequently adjourned to 12.11.2024, on which date, DW.1 was present and at request of the petitioner, the matter was adjourned to 28.11.2024, on which date also, DW.1 was present and the matter was adjourned to 09.12.2024. However, on 09.12.2024, the respondent-accused (DW.1) was again absent and the matter was posted to 30.12.2024 and on which date also, DW.1 remained absent and the matter was posted to 17.01.2025. On 17.01.2025, the petitioner sought for time which was rejected by the trial Court, which took the cross-examination of DW.1 as 'Nil' and - 4 - HC-KAR NC: 2025:KHC:27352 CRL.P No. 4245 of 2025 discharged him and posted the matter for arguments on 28.01.2025. 5. On 28.01.2025, the petitioner filed an instant application seeking to recall DW.1 for cross-examination, which was opposed by the respondent-accused and the same culminated in the impugned order rejecting the application filed by the petitioner under Section 311 of Cr.PC. to recall DW.1. 6. Aggrieved by the impugned order, the petitioner is before this Court by way of the present petition. 7. A perusal of the aforesaid facts and circumstances, in particular, the order sheet maintained by the trial Court clearly indicates that it was only on two occasions that the petitioner had sought for time to cross-examine DW.1, who in fact remained absent on three occasions, an exemption applications were filed on his behalf as is borne out from the order sheet. Under these circumstances, the delay in cross-examination of DW.1 cannot be solely attributed to lack of diligence on the part of the petitioner - 5 - HC-KAR NC: 2025:KHC:27352 CRL.P No. 4245 of 2025 particularly when on three occasions, DW.1 himself remained absent and exemption was sought for on his behalf. 8. Under these circumstances, I am of the considered opinion that the trial Court clearly fell in error in adopting a hyper technical approach in refusing to provide one opportunity to the petitioner-complainant to cross- examine DW.1 by passing the impugned order, which deserves to be set-aside by adopting a justice oriented approach and by providing one more opportunity to the petitioner to recall DW.1 and cross-examine him in accordance with law. 9. In the result, I pass the following: ORDER i) The petition is hereby allowed; ii) The impugned order dated 03.03.2025 passed on an application under Section 311 of Cr.PC. in CC.No.4157/2021 by XXI Additional Chief Judicial Magistrate, Bengaluru, is hereby set-aside; - 6 - HC-KAR NC: 2025:KHC:27352 CRL.P No. 4245 of 2025 iii) The application filed by the petitioner under Section 311 of Cr.PC. to recall DW.1 for cross- examination is hereby allowed subject to condition that the petitioner cross-examines DW.1 on any date on which respondent-DW.1 appears before the trial Court, without seeking any adjournment under any circumstances whatsoever; iv) The trial Court is directed to dispose of the aforesaid proceedings as expeditiously as possible; v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Pending I.As., if any, stand disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE LB List No.: 1 Sl No.: 25