- 1 - HC-KAR NC: 2025:KHC:52667 CRL.P No. 16252 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16252 OF 2025 BETWEEN: SRI SHAMSUNDAR S S/O LATE P H SHAMANNA, AGED ABOUT 76 YEARS, R/AT NO.126/A, 2ND MAIN, YADAVAGIRI EXTENSION, MYSORE-570020. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM.,ADVOCATE) AND: SRI GOVINDAIAH S/O LATE THIMMAIAH AGED ABOUT 79 YEARS, R/AT NO.17, 1ST STAGE, ACHARI COLONY, BEHIND PETROL BUNK, GAYATHRIPURAM MYSORE CITY -570009. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD.26.06.2025 PASSED BY THE HON'BLE III JMFC COURT AT MYSORE IN C.C.NO.8908/2021 FOR THE OFFENCE P/U/S 138 OF NI ACT, DTD 22.07.2021 TO CROSS EXAMINE DW-1 IN C.C.NO.8908/2021 PENDING BEFORE III JMFC COURT AT MYSORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52667 CRL.P No. 16252 of 2025 ORAL ORDER The petitioner is seeking to set aside the Order dated 26.06.2025 passed by the learned III JMFC at Mysore in C.C.No.8908 of 2021. 2. Proceedings are pending before the trial Court in respect of an offence punishable under Section 138 of the N.I.Act wherein, the petitioner/accused (DW1), during his cross-examination conducted by the Complainant, since did not properly answer the question, the learned Magistrate took the cross-examination as, "not offered". Thereafter, Petitioner filed an application under Section 311 of Cr.P.C to recall DW.1 and to reopen the stage for further cross-examination. The said application was, however, not considered on the ground that, the petitioner is not in a stage to answer the questions of the complainant's counsel. 3. Having perused the material on record, this Court is of the opinion that, the learned Magistrate ought to have given one more opportunity to the petitioner/DW.1 to - 3 - HC-KAR NC: 2025:KHC:52667 CRL.P No. 16252 of 2025 subject himself for cross-examination, in the interest of justice. Hence, the following order : ORDER i) The Order dated 26.06.2025 passed by the learned III JMFC, Mysore, in C.C.No.8908/2021 is set aside; ii) The Trial Court is directed to permit DW.1 to subject himself for cross-examination by the complainant by fixing a date. iii) Petition is disposed of. iv) In view of the disposal of the Petition, IA.1/2025 also stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE rs List No.: 1 Sl No.: 25