- 1 - HC-KAR CNR: KAHC010455962026 NC: 2026:KHC:39299 CRL.P No. 9741 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9741 OF 2026 BETWEEN: MR. H.B. RAJENDRA PRASAD, S/O H.C. BOREGOWDA, AGED ABOUT 39 YEARS, R/AT NO.385/A, 3RD B MAIN ROAD, MANJUNATHANAGAR, BENGALURU - 560010. …PETITIONER (BY SRI. H.R. SANTHOSH, ADVOCATE) AND: SMT. SHEELA S. DHANAVE, W/O SUKANANDA B AGED ABOUT 41 YEARS, RESIDING AT NO.7/A, AMBHA BHAVANI NILAYA, 2ND CROSS, 2ND MAIN, BABANNA LAYOUT, SHETTIHALLI, BENGALURU - 560057. …RESPONDENT (BY SRI. S. NAGENDRA DIKSHIT, ADVOCATE) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO SET ASIDE/MODIFY THE ORDER DATED 20.06.2026 PASSED ON THE APPLICATION FILED U/S.311 OF CRPC R/W SEC.348 OF BNSS IN SO FAR REJECTING THE APPLICATION FILED BY THE PETITIONER U/S.311 OF CRPC, R/W SEC.348 OF BNSS (ANNEXURE A). THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010455962026 NC: 2026:KHC:39299 CRL.P No. 9741 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner-accused is before the Court calling in question an order of the concerned Court dated 20.06.2026 by which the concerned Court rejects an application filed by the petitioner under Section 311 of the Cr.P.C. 2. Heard Sri.H.R.Santhosh, learned counsel appearing for the petitioner, Sri.S.Nagendra Dikshit, learned counsel appearing for the respondent and have perused the material on record. 3. The petitioner is the accused, the respondent-the complainant. The two have a transaction. The transaction having gone wrong, the complainant approaches the concerned Court for the offence punishable under Section 138 of the Negotiable Instruments Act. 4. The issue in the lis is not with regard to the merit of the matter. The petitioner files an application before the - 3 - HC-KAR CNR: KAHC010455962026 NC: 2026:KHC:39299 CRL.P No. 9741 of 2026 concerned Court under Section 311 of Cr.P.C., seeking recall of PW.1 for further cross-examination. That comes to be rejected. The learned counsel for the petitioner submits that if one opportunity is granted, on the same day, the cross-examination would get completed and the concerned Court can take the issue to its logical conclusion. 5. Though the learned counsel for the respondent would put up vehement opposition taking this Court through the order of the concerned Court, I deem it appropriate to grant one opportunity to the petitioner to further cross-examine PW.1 on a particular day fixed by the concerned Court. 6. The learned counsel for the parties would submit that the next date of listing is on 14.08.2026. Therefore, further cross-examination of PW.1 shall conclude on the same day on the questions that are not already put to the respondent-complainant [PW.1]. 7. It is made clear that if the petitioner would seek an adjournment on the said day to further cross-examine, the - 4 - HC-KAR CNR: KAHC010455962026 NC: 2026:KHC:39299 CRL.P No. 9741 of 2026 concerned Court is at liberty to pass necessary orders in accordance with law and take the issue to its logical conclusion. 8. For the aforesaid reasons, the following: O R D E R [I] Criminal Petition is allowed. [II] The application filed under Section 311 of the Cr.P.C., stands allowed. [III] The concerned Court shall fix a date for further cross-examination of PW.1. [IV] The petitioner shall conclude the further cross- examination on the very day that is fixed by the concerned Court. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 96