- 1 - HC-KAR CNR: KAHC010551122026 NC: 2026:KHC:51826 CRL.P No. 12162 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 12162 OF 2026 BETWEEN: SRI. KARIYANNA, S/O. SRI. MUDDANNA, AGED ABOUT 52 YEARS, R/A. NO. 107, 3RD CROSS, 6TH MAIN, CHANNASANDRA LAYOUT, UTTARAHALLI MAIN ROAD, RAJARAJESHWARI NAGARA, BENGALURU 560 098. …PETITIONER (BY SRI SHREERAM TIMMAPPA NAYAK,ADVOCATE) AND: SRI. V. PRAKASH, S/O. SRI. VEERABHADRAIAH, AGED ABOUT 52 YEARS, R/A. NO. 113, MAIN ROAD, LAKKUR VILLAGE AND HOBLI, MALUR TALUK, KOLAR 563 163. …RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO A.SET ASIDE THE ORDER DATED 16.07.2026 BY WAY OF WHICH THE LD. PRL.CIVIL JUDGE AND JMFC COURT, MALURU IN C.C.NO.43/2025, WHEREIN THE LRD. PRL. CIVIL JUDGE AND JMFC AT MALUR, DISMISSED THE APPLICATION FILED BY THE PETITIONER U/S 348 OF BNSS AND ETC. Digitally Signed by ANANT RAMNATH HEGDE - 2 - HC-KAR CNR: KAHC010551122026 NC: 2026:KHC:51826 CRL.P No. 12162 of 2026 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the learned counsel appearing for the petitioner. 2. The petition is filed to quash the impugned order dated 16.07.2026 in terms of which, the petitioner's application under Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is rejected. 3. The petitioner, who is the accused in the proceeding sought to reopen the case to cross examine PW1 by recalling PW1. The complainant did not object to the said application, and same is evident from the paragraph No.4 of the impugned order. Paragraph No.4 reads as under: "2. On the other hand, learned counsel for the complainant submits the said application may be allowed on cost. Digitally Signed by ANANT RAMNATH HEGDE - 3 - HC-KAR CNR: KAHC010551122026 NC: 2026:KHC:51826 CRL.P No. 12162 of 2026 "4. Learned counsel for Accused has filed present application to reopen matter to recall the matter for cross of PW.1. The matter was posted for cross of PW.1 since from 7.08.2025. On 18.09.2025 Lr. Counsel for Accused prayed for time to cross examine PW.1 matter was adjourned. On 09.10.2025 Lr. Counsel for both the parties prayed for time to report settlement. In spite of sufficient time and opportunity given to Accused neither he has come forward to report settlement nor to cross examine PW.1. Order sheet reveals that sufficient time and opportunity was given to Accused to cross examine PW.1. At the time when matter was posted for recording statement of Accused under Sec.351 of BNSS by taking cross of PW.1 as nil accused did not appear before Court NBW was issued. Now, he has come up with present Application". 4. The Trial Court has rejected the application on the ground that sufficient opportunity was given to the accused to cross examine the complainant and that the same is not availed. It is also noticed that there is no cross examination to the complainant. The proceeding is under Section 138 of the Negotiable Instruments Act, Digitally Signed by ANANT RAMNATH HEGDE - 4 - HC-KAR CNR: KAHC010551122026 NC: 2026:KHC:51826 CRL.P No. 12162 of 2026 1881 if convicted, the petitioner may have to undergo imprisonment. 5. Considering the consequences and also considering the fact that there is no objection from the complainant/respondent to allow the application, the following is passed: ORDER (i) The petition is allowed. Consequently, the application is allowed on payment of cost of Rs.3,000. (ii) The payment of cost is a condition precedent, to cross-examine P.W.1 . (iii) The petitioner shall cross-examine the complainant without seeking any further adjournment on the date fixed. (iv) This Court is conscious of the fact that the order is passed without issuing notice to the respondent. In case the respondent is aggrieved by the order, Digitally Signed by ANANT RAMNATH HEGDE - 5 - HC-KAR CNR: KAHC010551122026 NC: 2026:KHC:51826 CRL.P No. 12162 of 2026 he is at liberty to move this Court for modification of the this order. (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 2 Sl No.: 26 Digitally Signed by ANANT RAMNATH HEGDE