- 1 - HC-KAR NC: 2026:KHC:9745 WP No. 1974 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1974 OF 2026 (GM-RES) BETWEEN: 1. SRI. JANARDHANAPPA. M @ JANARDHANAREDDY S/O D. MUNISHAMY REDDY AGED ABOUT 64 YEARS R/AT BUDADERU VILLAGE, BYRAKURU HOBLI 'MULBAGAL TALUK KOLAR DISTRICT-563131 …PETITIONER (BY SRI. SAMPATH A.,ADVOCATE) AND: 1. SRI C CHIKKAREDDAPPA Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9745 WP No. 1974 of 2026 S/O LATE CHIKKAMUNISWAMY AGED ABOUT 56 YEARS R/AT C.GUNDALAHALLI VILLAGE BYRAKURU HOBLI, RAJENDRAHALLI POST MULBAGAL TALUK, KOLAR-563131 …RESPONDENT (BY SRI. SHIVASHANKARAPPA.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TOSET ASIDE THE ORDER DATED 24/11/2025 PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE AND JMFC, MULBAGAL IN CC NO. 3945/2022 PRODUCED AS ANNEXURE-A AND ETC. - 3 - HC-KAR NC: 2026:KHC:9745 WP No. 1974 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before the Court calling in question an order of the concerned Court which rejects an application filed by the petitioner under Section 311 of the Cr.P.C. in terms of its order dated 24.11.2025. 2. Heard Sri Sampath A, learned counsel appearing for the petitioner and Sri K S Shankaraiah, learned counsel appearing for the respondent and perused the material on record. 3. The petitioner is the accused and the respondent is the complainant. The two have a transaction. The transaction leads the complainant before the concerned Court for offence punishable under Section 138 of the Negotiable Instruments Act. The issue in the lis does not pertain to the merit of the matter. The petitioner accused files an application under - 4 - HC-KAR NC: 2026:KHC:9745 WP No. 1974 of 2026 Section 311 seeking further cross-examination of PW1. The said application comes to be rejected by the concerned Court on the score that it was a ruse to drag the proceedings. The petitioner - accused is thus before this Court. 4. The learned counsel appearing for the respondent would submit that the application be allowed with imposition of exemplary cause. 5. In the light of the said submission, owing to the fact that it was the first application filed by the petitioner seeking recall of PW1 for further cross-examination invoking Section 311 of the Cr.P.C., I deem it appropriate to grant one opportunity to the petitioner to further cross-examine the complainant on a particular date that would be fixed by the Court. The concerned Court in terms of this order shall regulate its procedure. 6. For the aforesaid reasons, the following order. ORDER (i) The petition is allowed. - 5 - HC-KAR NC: 2026:KHC:9745 WP No. 1974 of 2026 (ii) The order dated 24.11.2025 passed by the Additional Civil Judge and JMFC, Mulabagal in CC No.3945/2022 is quashed. (iii) The application filed by the petitioner under Section 311 stands allowed. (iv) The concerned Court shall regulate the procedure by fixing a date for further cross- examination, bearing in mind the observations made in the course of the order. Sd/- (M.NAGAPRASANNA) JUDGE YKL List No.: 3 Sl No.: 8