- 1 - HC-KAR NC: 2025:KHC:43756 WP No. 23237 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 23237 OF 2024 (GM-RES) BETWEEN: 1. M/S. ROMA BUILDERS REPRESENTED BY ITS MANAGING PARTNER NO-P-1, RAYCON ORCHARD APARTMENT 4TH CROSS, A, BLOCK, AECS LAYOUT KUNDALAHALLI, BANGALORE - 560 037 NATURE OF THE COMPANY REAL ESTATE. 2. RAVIKUMARA TUMATI MANAGING PARTNER R/O NO. 185, 2ND FLOOR, 2ND MAIN, 1ST CROSS, A BLOCK, AECS LAYOUT, BROOKFIELD BANGALORE - 560 037. ALSO R/AT. H.NO.185, 1ST CROSS, A BLOCK, AECS LAYOUT, KUNDANAHALLI, BENGALURU-560037. …PETITIONERS (BY SRI. DILIP KUMAR I.S, ADVOCATE) AND: REVATHI SHAMEEK SHROFF W/O SHAMEEK VIJAYKUMAR SHROFF AGED ABOUT 35 YEARS, RESIDING AT K.A.204 SALAR PURIA GREEN AGE APARTMENTS BOMMANAHALLI, HOSUR ROAD BANGALORE - 560 068. …RESPONDENT (BY SMT. POORNIMA H.M, ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43756 WP No. 23237 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 20.06.2024 AT ANNX-A PASSED BY THE XIX ADDITIONAL METROPOLITAN MAGISTRATE BENGALURU REJECTING THE APPLICATION UNDER SECTION 311 OF THE CODE OF THE CRIMINAL PROCEDURE 1973 SEEKING RECALL OF PW-1 TO TENDER FOR CROSS EXAMINATION IN C.C.NO. 26019/2019 AS PER ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are the accused before the trial Court in a proceeding initiated by the respondent/complainant for the offence punishable under Section 138 of the N.I. Act. 2. Order challenged in this petition is rejection of an application filed under Section 311 of Cr.P.C to recall and cross-examine PW1. 3. The learned Magistrate has rejected the application vide impugned order dated 20.06.2024 on the - 3 - HC-KAR NC: 2025:KHC:43756 WP No. 23237 of 2024 ground that the accused was absent and no grounds are made to allow the application. 4. The complaint is filed in the year 2019. It is submitted by the respondent's counsel that the accused on one pretext or the other has been taking time by filing application after applications. The application filed under Section 311 of Cr.P.C was though allowed, the accused never cross-examined PW1. 5. The order sheet of the trial Court would disclose that sufficient time was given to the petitioners/accused to cross-examine PW1, however he has not only failed to cross-examine but went on dodging the case. However, it is not disputed that PW1 was not at all cross-examined in this case. Hence, as a final chance an opportunity can be given to the petitioners/accused to cross-examine PW1, subject to payment of cost. Accordingly, the following: ORDER i. Petition is allowed. - 4 - HC-KAR NC: 2025:KHC:43756 WP No. 23237 of 2024 ii. The order dated 20.06.2024 passed by the Court of XIX Additional Metropolitan Magistrate, Bengaluru in CC.No.26019/2019 is set-aside, subject to the petitioners/accused paying a cost of Rs.10,000/- (Rupees Ten Thousand only) to the respondent/complainant. iii. The accused as well as the complainant shall appear before the trial Court on 14.11.2025, on which day the petitioner shall pay the cost, which shall be payable to the complainant. iv. The learned Magistrate shall fix a date for cross-examination of PW1 and on the said date, the accused shall cross-examine PW1 and no further time shall be granted. v. The learned Magistrate is directed to expedite the trial and dispose of the case as expeditiously as possible. vi. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 18 CT: BHK