- 1 - HC-KAR CNR: KAHC010107342024 NC: 2026:KHC:48830 CRL.P No. 1800 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K CRIMINAL PETITION NO. 1800 OF 2024 BETWEEN: SRI. K.N. GANGADHARA, S/O B NINGAPPA AGED ABOUT 71 YEARS R/O KACHINAKATTE VILLAGE POST NIDIGE HOBLI-577 201 SHIVAMOGGA TQ AND DIST-577 201 …PETITIONER (BY SRI. KENDULI S.M, ADVOCATE) AND: SMT. SAROJAMMA, W/O LATE EARANNA AGED ABOUT 67 YEARS R/O KURUBAR STREET JANNAPURA BHADRAVATHI-577 301 SHIVAMOGGA DIST …RESPONDENT (BY SRI. PRABHUGOUDA B TUMBIGI, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 24.01.2024 PASSED IN C.C.NO.292/2022 U/S 138 OF N.I ACT THE APPLICATION FILED BY THE ACCUSED U/S 91 OF CR.PC SUMMONING THE BRANCH MANAGER, CANARA BANK, SHIVAMOGGA MAIN BRANCH NEHRU ROAD, SHIVAMOGGA TO PRODUCE RELEVANT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010107342024 NC: 2026:KHC:48830 CRL.P No. 1800 of 2024 LEDGER EXTRACT PERTAINING TO EX.P1 CHEQUE, PASSED BY THE PRL.SENIOR CIVIL JUDGE AT BHADRAVATHI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This petition is filed under Section 482 of Cr.P.C. seeking to set aside the order dated 24.01.2024 passed on the application filed by the petitioner - accused under Section 91 of Cr.P.C. in C.C.No.292/2022 arising out of PCR.No.163/2020 seeking to summon the Branch Manager, Canara Bank, Shivamogga Main Branch, Shivamogga, to produce documents. 2. Brief facts of the case is that the respondent - complainant filed a private complaint against the petitioner under Section 200 of Cr.P.C. for the offences punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the N.I. Act") claiming that the accused petitioner, being a friend of her husband, had borrowed hand loan of Rs.2,50,000/- for domestic purposes from the complainant in the year 2020 agreeing to repay within six months and on the same day, for repayment of loan, he had issued a post dated - 3 - HC-KAR CNR: KAHC010107342024 NC: 2026:KHC:48830 CRL.P No. 1800 of 2024 cheque bearing No.161429 dated 16.07.2020 for Rs.2,50,000/- Thereafter, upon instructions from the accused, the complainant presented the said cheque, which was dishonoured with an endorsement "referred to drawer". As such, the respondent - complainant initiated proceedings under Section 138 of the N.I. Act. During the course of evidence, the accused filed an application under Section 91 of Cr.P.C. to examine the Branch manager of Canara Bank, Shivamogga Main Branch to produce relevant ledger extract or the computerized document pertaining to Ex.P1 - cheque in order to ascertain the date of issue of the cheque book. The said application was opposed by the respondent complainant. 3. Upon hearing, learned Magistrate dismissed the application. Aggrieved by the same, the petitioner is before this Court in the instant petition. 4. I have heard the learned counsel for the petitioner - accused and the learned for the respondent. 5. Learned counsel for the petitioner contended that in order to arrive at a just conclusion, examination of ledger of the bank - 4 - HC-KAR CNR: KAHC010107342024 NC: 2026:KHC:48830 CRL.P No. 1800 of 2024 pertaining to issuance cheque book of Ex.P1 is very much necessary. He further contended that there was no transaction whatsover between the complainant and the accused. As such, the said cheque was not issued by the accused to the complainant. Hence, it is necessary to examine the Bank Manager. 6. Per contra, learned counsel for the respondent submits that after completion of trial when the matter was posted for arguments, this application was filed by the accused to stall the proceedings. Further, the signature on the cheque is admitted by the petitioner - accused. In such circumstances, there is no necessity to examine the Bank Manager to ascertain the genuineness of the cheque. Accordingly, he prays to dismiss the petition. 7. I have given my anxious consideration to the submissions of learned counsel for both the parties and perused the material on record. 8. As could be gathered from records, it is asserted in the application filed under Section 91 of Cr.P.C. that the cheque in - 5 - HC-KAR CNR: KAHC010107342024 NC: 2026:KHC:48830 CRL.P No. 1800 of 2024 question was issued much prior to the date alleged by the complainant and as such, it is important to verify the ledger pertaining to issuance of cheque book of Ex.P1 and that the accused was unable to secure such information from the Bank. I find substantial force in the contention of the learned counsel for the petitioner. It is necessary to examine the ledger extract for issuance of cheque book of Ex.P1. Accordingly, I pass the following: ORDER i) The order dated 24.01.2024 passed by the learned Magistrate on the application filed under Section 91 of Cr.P.C. in C.C.No.282/2022 is set aside. ii) Application filed under Section 91 of Cr.P.C. by the accused petitioner is allowed. iii) The accused petitioner is permitted to examine the Bank Manager of Canara Bank, Shivamogga Main Branch in respect of issuance of cheque book of Ex.P1. iv) Since the transaction was of the year 2020, the learned Magistrate is directed to dispose of the matter at the earliest within an outer limit of five - 6 - HC-KAR CNR: KAHC010107342024 NC: 2026:KHC:48830 CRL.P No. 1800 of 2024 months from the date of receipt of a certified copy of this order. v) Both the parties shall co-operate with the Trial Court to dispose of the case without taking any unnecessary adjournment. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 56