- 1 - HC-KAR CNR: KAHC010489202019 NC: 2026:KHC:49194 CRL.P No. 8383 of 2019 C/W CRL.P No. 8404 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO. 8383 OF 2019 C/W CRIMINAL PETITION NO. 8404 OF 2019 IN CRL.P NO.8383/2019: BETWEEN: 1. M/S. FIRST CHOICE ADVERTISING SRI. VINAYAKA NILAYA NO.20, 1ST ‘A’ MAIN ROAD K.R. ROAD CROSS TATA SILK FARM BENGALURU-560 082. 2. MR. K. ASHWIN AGED ABOUT 44 YEARS S/O. SRI. K.A. SATISH AUTHORISED SIGNATORY M/S. FIRST CHOICE ADVERTISING SRI. VINAYAKA NILAYA NO.20, 1ST ‘A’ MAIN ROAD K.R. ROAD CROSS TATA SILK FARM BENGALURU-560 082. …PETITIONERS (BY SRI. UMESH R.S., ADVOCATE) AND: 1. M/S. MATHRUBHUMI PRINTING AND PUBLISHING CO. LTD., NO.16/7, PTI BUILDING Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010489202019 NC: 2026:KHC:49194 CRL.P No. 8383 of 2019 C/W CRL.P No. 8404 of 2019 MILLER TANK BED AREA OFF. THIMMAIAH CROSS ROAD VASANTH NAGAR BENGALURU-560 052 REPRESENTED BY ITS REGIONAL MANAGER MR. JOSEPH MATHEW …RESPONDENT (BY SRI. H.J. ANANDA, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDERS DATED 16.10.2019 PASSED ON I.A. FILED UNDER SECTION 311 OF CR.P.C. IN C.C.NO.20088/2017 BY THE XXVII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU, BY ALLOWING THIS CRIMINAL PETITION. IN CRL.P NO.8404/2019: BETWEEN: 1. M/S. FIRST CHOICE ADVERTISING SRI VINAYAKA NILAYA NO.20, 1ST ‘A’ MAIN ROAD K.R. ROAD CROSS TATA SILK FARM BENGALURU-560 082. 2. MR. K. ASHWIN AGED ABOUT 44 YEARS S/O SRI. K.A. SATISH AUTHORISED SIGNATORY M/S. FIRST CHOICE ADVERTISING SRI VINAYAKA NILAYA NO.20, 1ST ‘A’ MAIN ROAD K.R. ROAD CROSS TATA SILK FARM BENGALURU-560 082. ...PETITIONERS (BY SRI. UMESH R.S., ADVOCATE) - 3 - HC-KAR CNR: KAHC010489202019 NC: 2026:KHC:49194 CRL.P No. 8383 of 2019 C/W CRL.P No. 8404 of 2019 AND: 1. M/S. MATHRUBHUMI PRINTING AND PUBLISHING CO. LTD., NO.16/7, PTI BUILDING MILLER TANK BED AREA OFF. THIMMAIAH CROSS ROAD VASANTH NAGAR BENGALURU-560 052 REPRESENTED BY ITS REGIONAL MANAGER MR. JOSEPH MATHEW ...RESPONDENT (BY SRI. H.J. ANANDA, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 05.09.2019 PASSED ON I.A. FILED UNDER SECTION 311 OF CR.P.C. IN C.C.NO.20088/2017 BY THE XXVII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU, BY ALLOWING THIS CRIMINAL PETITION. THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard learned counsel appearing for the petitioners and learned counsel appearing for the respondent. 2. In the proceedings in C.C.No.20088/2017, an application is filed under Section 311 of Cr.P.C. seeking permission to lead evidence and the same was rejected vide - 4 - HC-KAR CNR: KAHC010489202019 NC: 2026:KHC:49194 CRL.P No. 8383 of 2019 C/W CRL.P No. 8404 of 2019 order dated 05.09.2019 i.e., in respect of leading evidence by the accused. Once again, an application is filed before the Court to examine the Indian Newspaper Society. The Trial Court rejected the said application on the ground that earlier when the prayer was made by the accused, it was rejected and the same was not challenged. But, after filing of Crl.P.No.8383/2019, another petition is filed in Crl.P.No.8404/2019 challenging the order dated 05.09.2019 and Crl.P.No.8383/2019 is filed challenging the order dated 16.10.2019. 3. Learned counsel appearing for the petitioners would submit that very examination of the petitioners is necessary, in order to substantiate the case of the petitioners. 4. Per contra, learned counsel appearing for the respondent would submit that Trial Court rightly observed that the accused has not led evidence and after rejection of the first application, one more application is filed and only with an intention to protract the proceedings, the second application is filed. - 5 - HC-KAR CNR: KAHC010489202019 NC: 2026:KHC:49194 CRL.P No. 8383 of 2019 C/W CRL.P No. 8404 of 2019 5. Having heard learned counsel appearing for the petitioners and learned counsel appearing for the respondent, and now both the orders have been challenged before this Court and it has to be noted that C.C.No.20088/2017 is of the year 2017 and orders were passed in 2019 and if an opportunity is given to the petitioners herein to substantiate their defence before the Trial Court, no prejudice would be caused to the respondent. However, this Court can take note of the fact that matter has already been pending for a period of seven years after filing of this petition and complainant could not get the relief before the Trial Court for almost a decade by filing the complaint. 6. When such being the case, it is appropriate to permit the petitioners to lead evidence and also to examine Indian Newspaper Society voluntarily before the Trial Court, since already process is taken before the Trial Court. Hence, with a condition to examine the petitioners/accused on the next date of hearing without seeking any adjournment and thereafter, take hand summons from the Trial Court to summon the Indian Newspaper Society and lead the evidence within 21 - 6 - HC-KAR CNR: KAHC010489202019 NC: 2026:KHC:49194 CRL.P No. 8383 of 2019 C/W CRL.P No. 8404 of 2019 days from the date of examination of the accused before the Trial Court. The Trial Court is also directed to dispose of the matter within three months of recording the evidence of Indian Newspaper Society and learned counsel appearing for the petitioners is directed to assist the Trial Court in disposal of the matter within a time bound period. The Trial Court is also directed to dispose of the matter within the time bound period as stipulated by this Court, since almost a decade have been elapsed. 7. In view of the discussion made above, I pass the following: ORDER (i) The criminal petitions are allowed on cost of Rs.5,000/- each payable before the Trial Court on the next date of hearing without fail. (ii) Out of the cost, an amount of Rs.4,000/- each shall be payable in favour of the respondent-complainant. The remaining amount of Rs.2,000/- shall vest with the State. (iii) The Registry is directed to communicate this order, forthwith to the Trial Court for the time - 7 - HC-KAR CNR: KAHC010489202019 NC: 2026:KHC:49194 CRL.P No. 8383 of 2019 C/W CRL.P No. 8404 of 2019 bound disposal as observed hereinabove and so also, the respective counsels are also directed to produce copy of the order, forthwith before the Trial Court without delay. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 18