- 1 - HC-KAR NC: 2026:KHC:7483 CRL.P No. 16277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16277 OF 2025 BETWEEN: SMT. UMADEVI, W/O RAJANNA J., AGED ABOUT 41 YEARS, R/AT NO.10, GOPALAKRISHNA LAYOUT, SUBRAMANYAPURA POST, BENGALURU – 560 061. …PETITIONER (BY SRI. RAGHAVENDRA A.V., ADVOCATE) AND: M/S FORTITUDE CONSTRUCTIONS, NO. 50-12/1, SRI. VENKATESHWARA COMPLEX, 1ST FLOOR, DR.VISHNUVARDHNA ROAD, UTTARAHALLI, SUBRAMANYAPURA POST, BENGALURU – 560 061. REPRESENTED BY ITS PROPRIETOR SRI. N. KISHORE KUMAR, S/O NARAYANA SWAMY, AGED ABOUT 37 YEARS. …RESPONDENT (BY SRI. MAYUR D.BHANU, ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7483 CRL.P No. 16277 of 2025 THIS CRL.P IS FILED U/S.482 OF (FILED U/S.528 BNSS) CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 17.11.2025 THAT IS REJECTED THE RECALL APPLICATION U/S.311 OF CR.P.C., FILED BY THE PETITIONER, WHICH IS PASSED BY THE HON’BLE XVI ADDL. CMM AT BENGALURU IN C.C.NO.8977/2019. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court calling in question an order of the concerned Court which rejects the application filed under Section 311 of Cr.P.C., seeking further cross-examination of PW.1/complainant. 2. Heard Sri Raghavendra A.V., learned counsel appearing for petitioner and Sri Mayur D Bhanu, learned counsel appearing for respondent and have perused the material on record. - 3 - HC-KAR NC: 2026:KHC:7483 CRL.P No. 16277 of 2025 3. The petitioner is the accused, respondent the complainant. The two have a transaction. The transaction leads the complainant to the concerned Court for offence punishable under Section 138 of the Negotiable Instruments Act. The issue nonetheless is not with regard to the merit of the matter. The issue is with regard to an application that the petitioner/accused files 6 years after the commencement of the proceedings. 4. The learned counsel for the petitioner submits that the application was the first in line and should not have been rejected by the concerned Court on the score that it is only to drag the proceedings or there are no reasons in the application. 5. Learned counsel for the respondent though would put up vehement opposition for entertainment of the petition, would admit the fact that it was the first application that is filed. 6. In that light, I deem it appropriate to grant one opportunity to the petitioner on a particular day that the concerned Court would fix, making it clear that it would be the - 4 - HC-KAR NC: 2026:KHC:7483 CRL.P No. 16277 of 2025 only opportunity to the petitioner for further cross-examination of the complainant. The further cross-examination shall be concluded on the same day without seeking any adjournment. 7. In the light of the issue being of the year 2019 in C.C.No.8977 of 2019, I deem it appropriate to direct the concerned Court to conclude the proceedings within 4 weeks from the date of cross-examination of the parties. 8. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is allowed. (ii) Impugned order dated 17-11-2025 passed by the XVI Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.8977 of 2019 stands quashed. (iii) The application filed under Section 311 of the CrPC is allowed. The petitioner shall conclude further cross-examination of the complainant on 27-02-2026 itself, since it is the next date of listing before the concerned Court. (iv) The concerned Court shall conclude the proceedings within 4 weeks from 27-02-2026, in accordance with law. - 5 - HC-KAR NC: 2026:KHC:7483 CRL.P No. 16277 of 2025 Ordered accordingly. Consequently, I.A.No.1 of 2025 stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 56