- 1 - HC-KAR NC: 2026:KHC:1252 CRL.P No. 6878 of 2025 C/W CRL.P No. 6810 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6878 OF 2025 C/W CRIMINAL PETITION NO. 6810 OF 2025 IN CRL.P No. 6878/2025 BETWEEN: SRI. PATELAPPA, S/O LATE RAMAIAH, AGED ABOUT 62 YEARS, RESIDING AT NO. 1750, PRESTIGE VILLA, STONE BUILDING, ANJANI EXTENSION WEST, CHINTAMANI - 563 125. …PETITIONER (BY SRI. CHANDAN B.K, ADVOCATE FOR SRI. B. SIDDESWARA, ADVOCATE) AND: SRI. SHIVAREDDY S/O LATE MARAPPAREDDY, AGED ABOUT 45 YEARS, RESIDING AT GOPASANDRA, CHINTHAMANI TOWN, CHIKKABALLAPURA - 563 125. …RESPONDENT (BY SRI. K. VISHWANATHA, ADVOCATE) Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1252 CRL.P No. 6878 of 2025 C/W CRL.P No. 6810 of 2025 THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH/SET ASIDE THE ORDER DATED 26.03.2024 IN C.C.NO.1781/2023 PENDING ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC, CHINTAMNI AND CRL.RP.NO.28/2024 DISMISSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS COURT, CHINTAMNI AND ALLOW THE APPLICATION U/S.311 OF CRPC FILED BY THE PETITIONERS. IN CRL.P NO. 6810/2025 BETWEEN: SRI. PATELAPPA S.R, S/O LATE RAMAIAH, AGED ABOUT 62 YEARS, RESIDING AT NO. 1750, PRESTIGE VILLA, STONE BUILDING, ANJANI EXTENSION WEST, CHINTAMANI - 563 125. ...PETITIONER (BY SRI. CHANDAN B.K, ADVOCATE FOR SRI. B. SIDDESWARA, ADVOCATE) AND: SRI. SHIVAREDDY M., S/O LATE MARAPPAREDDY, AGED ABOUT 45 YEARS, RESIDING AT GOPASANDRA, CHINTHAMANI TOWN, CHIKKABALLAPURA - 563 125. ...RESPONDENT (BY SRI. K VISHWANATHA, ADVOCATE) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH/SET ASIDE THE ORDER DATED 26.03.2024 IN CC.NO.1782/2023 FOR THE O/P/U/S - 3 - HC-KAR NC: 2026:KHC:1252 CRL.P No. 6878 of 2025 C/W CRL.P No. 6810 of 2025 138 OF N.I ACT, PENDING ON THE FILE OF THE HONBLE PRL. CIVIL JUDGE AND JMFC, CHINTAMANI AND CRL.RP.27/2024 DISMISSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS COURT, CHINTAMANI AND ALLOW THE APPLICATION UNDER SECTION 311 OF CODE OF CRIMINAL PROCEDURE FILED BY THE PETITIONER. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question two orders passed by the concerned Court in CC.No.1781/2023 and the order of the First Appellate Court in Criminal Revision petition No.28/2024, both rejecting an application filed under Section 311 of the Code of Criminal Procedure, 1973 ('the Cr.P.C for short) and affirming the same. 2. Heard Sri. Chandan B.K., learned counsel for Sri. B. Siddeshwara, learned counsel appearing for the petitioner and Sri. K. Vishwanatha, learned counsel appearing for the respondent. 3. The petitioner is the accused, the respondent is the complainant. The two have a transaction. The transaction leads - 4 - HC-KAR NC: 2026:KHC:1252 CRL.P No. 6878 of 2025 C/W CRL.P No. 6810 of 2025 the complainant to the concerned Court for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 invoking Section 200 of the Cr.P.C. The issue in the lis does not pertain to the merit of the matter. The petitioner initially had filed an application seeking cross-examination of the complainant. The application comes to be allowed. After allowing of the application, the petitioner comes up with a second application seeking cross-examination on the score that the cross-examination did not stand complete on the said date. The concerned Court rejects the application. The rejection of the application leads the petitioner to file a revision petition before the concerned Court in Criminal Revision petition No.28/2024, which also comes to be rejected. Therefore, the petitioner is before this Court in the subject petition. 4. The learned counsel appearing for the petitioner submits that if one opportunity is granted, the cross- examination would get completed on the same day and direction could be issued to the concerned Court to pass appropriate orders in accordance with law and the matter is at the stage of defence evidence and further submits that the next - 5 - HC-KAR NC: 2026:KHC:1252 CRL.P No. 6878 of 2025 C/W CRL.P No. 6810 of 2025 date of listing before the concerned Court is 12.01.2026. Therefore, the concerned Court on 12.01.2026 shall fix a date for further cross-examination of the complainant and the petitioner shall on the said date conclude the cross-examination without seeking any adjournment. 5. The learned counsel appearing for the respondent would oppose a grant of any opportunity for the petitioner to cross-examine the complainant as the petitioner has lost the opportunity not once, but twice. 6. In the light of the said circumstance of the matter being at the stage of defence evidence and the purport of Section 311 of the Cr.P.C. being to secure the ends of justice, I deem it appropriate to grant one opportunity to the petitioner on a particular day to cross-examine the complainant and conclude the said cross-examination with imposition of costs of Rs.10,000/- payable to the complainant. 7. For the aforesaid reasons, the following: ORDER (i) Criminal Petitions are allowed. - 6 - HC-KAR NC: 2026:KHC:1252 CRL.P No. 6878 of 2025 C/W CRL.P No. 6810 of 2025 (ii) The order dated 26.03.2024 stands quashed. (iii) The application filed by the petitioner is allowed. (iv) In the event, the petitioner seeks adjournment, the order would not enure to his benefit. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 16