- 1 - HC-KAR NC: 2025:KHC:40945 CRL.P No. 12973 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 12973 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. MR. ANISH M RAWTHER @ ANEES MOHAMMED RAWTHER, AGE: 44 YEARS, RESIDING AT NO.17, II, FLOOR, 4TH MAIN IV BLOCK, GORAGUNTEPALYA, TUMKUR ROAD, BENGALURU-560 022. …PETITIONER (BY SRI. SURESHA N., ADVOCATE) AND: 1. SRI. SHOAIB UR RAHMAN S/O. HAFEEZ UR RAHMAN, AGED ABOUT 51 YEARS, RESIDING AT HULKODE ESTATE, AREHALLY, BELUR TALUQ, HASSAN DISTRICT-573101. 2. M/S. S A RAWTHER SPICES (1) LIMITED, (GOVT. RECOGNIZED EXPORT HOUSE) NO. 17, 11 FLOOR, 4TH MAIN, 4TH BLOCK, GORAGUNTEPALYA, TUMKUR ROAD, BENGALURU-560 022 REPRESENTED BY IRP MS.SUBRAMANIAM ANEETHA HERE R-2 IS NECESSARY PARTY IN THIS CASE. …RESPONDENTS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD 23.08.2025 PASSED BY TEH CIVIL JUDGE (JR.DN) AND JMFC, BELURU IN CC.NO.502/2017, FOR THE OFFENCE P/U/S 138 OF N.I ACT, WHICH IS ENCLOSED AS ANNEXURE-E AND ETC., THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.10.28 15:45:46 +0530 - 2 - HC-KAR NC: 2025:KHC:40945 CRL.P No. 12973 of 2025 ORAL ORDER 1. At this juncture, the petitioner/accused is before this Court challenging the order rejecting the application filed under Section 311 of the Cr.P.C. The rejection was on the ground that the affidavit seeking the recall of PW1 for cross-examination does not disclose any reasons. 2. A perusal of the application clearly indicates that no reasons have been stated as to why the document is sought to be marked, or why the recall of PW1 for cross- examination is necessary. 3. The matter is at the fag end of the trial. In that view of the matter, there is no justification for this Court to interfere with the order passed by the trial court rejecting the application under Section 311 of the Cr.P.C. 4. At this stage, learned counsel for the petitioner submits that common evidence has been led in all the connected cases, and that a document marked in one case ought to be taken note of in the others. This submission - 3 - HC-KAR NC: 2025:KHC:40945 CRL.P No. 12973 of 2025 merits acceptance. Therefore, any document marked in one case, if necessary for the defence of the accused, shall be permitted to be taken note of in the other connected cases. 5. In view of the aforesaid observations, the petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 8 Sl No.: 1