- 1 - HC-KAR NC: 2026:KHC:35501 CRL.RP No. 596 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO. 596 OF 2026 BETWEEN: 1. DAWOODKHAN E, S/O ELIYAZ PASHA, AGED ABOUT 42 YEARS, CUR RESPONDENT:- NO 65, MUNISWAMAPPA ROAD, POLICE STATION ROAD, J C NAGAR,NORTH J C NAGAR, BENGALURU-560 006. …PETITIONER (BY SRI. GURUSWAMY K S.,ADVOCATE) AND: 1. M/S YES BANK LIMITED HAVING ITS REGISTERED OFFICE AT YES BANK TOWER,IFC 2, 15TH FLOOR,SENAPATI BAPAT MARG, ELPHINSTONE (W), MUMBAI-400 013 AND ITS BRANCH OFFICE AT GROUND FLOOR, PRESTIGE OBELISK,MUNICIPAL NO.3, KASTURBA ROAD BENGALURU-560 001. REPRESENETD BY AUTHORIZED SIGNATORY MR ANAND KUMAR N S/O MR G NARAYANA SHASTRY AGED ABOUT 34 YEARS …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35501 CRL.RP No. 596 of 2026 THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT DTD 06.01.2026 PASSED BY THE LXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-70) IN CRL.A.NO.1832/2024 AND THE JUDGMENT DTD 08.10.2024, PASSED BY THE XVIII ADDL. JUDGE AND ACJM, COURT OF SMALL CAUSES , BENGALURU IN C.C.NO.11777/2022. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER This matter is listed for admission. 2. This Court issued notice to the respondent but he did not choose to appear. 3. Having perused the order sheet of the trial Court, it is clear that the sworn statement was treated as evidence of complainant and the counsel for accused filed an application under Section 145(2) of Negotiable Instruments Act, 1881 (hereinafter referred to as ‘N.I. Act’ for short) seeking permission to cross-examine P.W.1 and the trial Court has permitted the accused to cross-examine P.W.1 vide order dated 29.03.2023 and the case was - 3 - HC-KAR NC: 2026:KHC:35501 CRL.RP No. 596 of 2026 posted for cross-examination of P.W.1 on 24.05.2023. On that day, accused was present and P.W.1 remained absent and the case was posted to 16.10.2023. On that day, both accused and P.W.1 remained absent and the matter was posted in the same stage on 12.01.2024. On that day also, P.W.1 remained absent and again the matter was posted to 03.05.2024 for cross-examination of P.W.1. i.e., during vacation and the matter was subsequently posted on 01.06.2024. On 01.06.2024, the Presiding Officer was transferred and the matter was adjourned to 15.07.2024. On 15.7.2024, EP was filed and the matter was adjourned to 05.09.2024. On 05.09.2024, the matter was posted for cross of P.W.1 on 18.09.2024. On 18.09.2024, the complainant and counsel remained absent, accused absent and EP filed and allowed. Learned counsel for accused is present and submitted that the complainant is not appearing before the Court for a longer period and hence prayed to close the cross of P.W.1 and post the matter for recording of 313 statement. Hence, after giving sufficient - 4 - HC-KAR NC: 2026:KHC:35501 CRL.RP No. 596 of 2026 opportunity to the complainant to keep himself present for cross of P.W.1 and the cross of P.W.1 is taken as ‘closed’. The appellate Court also made an observation in paragraph No.13 of its judgment that the record of proceedings unmistakably reveals that the accused was afforded adequate opportunity and meaningful opportunities to cross-examine P.W.1. The accused neither invoked coercive processes to secure the presence of the witness nor sought recall of P.W.1 under Section 311 of Cr.P.C. The deliberate abstention of the accused from exercising the right of cross-examination of P.W.1 cannot be later converted into an allegation of procedural unfairness. A litigant who elects to sleep over rights cannot subsequently awaken to claim denial of justice. 4. Having perused the material on record particularly, the order sheet of the trial Court, it discloses that the complainant remained absent for a longer period and even sufficient opportunity was given by the trial Court to cross P.W.1. But the trial Court not discarded - 5 - HC-KAR NC: 2026:KHC:35501 CRL.RP No. 596 of 2026 the evidence of complainant and instead proceeded that the complainant P.W.1 was subjected to cross- examination. Learned counsel for revision petitioner brought to the notice of this Court the order sheet of the trial Court wherein the trial Court has considered that the cross-examination of P.W.1 is taken as nil. However, the complainant was not present on the particular day while considering the above noting instead of making note in the order sheet as complainant witness P.W.1 is absent and ought to have discarded the evidence of complainant. However, the trial Court appreciated the evidence of complainant without any corroboration and the appellate Court also committed an error in making observation that the accused has not made any attempt to secure P.W.1. The very approach of the trial Court as well as the appellate Court is not correct and the matter requires interference by this Court by setting aside the order of the trial Court as well as the appellate Court. - 6 - HC-KAR NC: 2026:KHC:35501 CRL.RP No. 596 of 2026 5. In view of the discussion made above, I proceed to pass the following: ORDER a. Criminal Revision petition is allowed. b. The judgments of the trial Court passed in C.C.No.11777/2022 and the appellate Court in Crl.A.No.1832/2024 are set aside. c. The matter is remanded to the trial Court to proceed in accordance with law. It is made clear that if the complainant fails to appear before the Court, then discard the evidence of complainant and proceed in accordance with law. d. Both the parties are directed to appear before the trial Court on 29.07.2026. e. The trial Court is directed to issue notice to the complainant as well as advocate on record and - 7 - HC-KAR NC: 2026:KHC:35501 CRL.RP No. 596 of 2026 thereafter to consider the matter within a time bound period of three months. Sd/- (H.P.SANDESH) JUDGE SSD List No.: 1 Sl No.: 44