- 1 - HC-KAR NC: 2026:KHC-D:1642 CRL.P No. 105126 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 105126 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SRI JACOB SUBBAYYA BALLARY AGE 53 YEARS, OCC. EMPLOYEE R/O. GANDHI NAGAR, MUNDGOD, UTTARA KANNADA DISTRICT 581349. …PETITIONER (BY SRI. ANNESAHEB SHALAGAR, ADVOCATE) AND: AKSHAYA CO OPERATIVE CREDIT SOCIETY LTD., REPRESENTED BY ITS MANAGER SRI RICHARD FRANCIS GONSALVES AGED ABOUT 48 YEARS R/O. THE AKSHAYA COOPERATIVE CREDIT SOCIETY LTD., BRANCH MUNDGOD, UTTARA KANNADA DISTRICT 581349. …RESPONDENT (BY SRI. CHETAN POOJAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 28.07.2025 PASSED BY THE CIVIL JUDGE AND JMFC, MUNDGOD IN C.C. NO.79/2013 VIDE DOCUMENT NO.1 AND CONSEQUENTLY SET ASIDE THE IMPUGNED ORDER DATED 04.11.2025 OF THE 1 ST ADDL. DISTRICT AND SESSIONS JUDGE, KARWAR SITTING AT SIRSI, UTTARA KANNADA IN CRL REVISION PETITION NO. 5206/2025 VIDE DOCUMENT NO.2. AND DIRECT THE TRIAL COURT TO PERMIT THE PETITIONER TO CROSS-EXAMINE PW1 AND LEAD DEFENCE EVIDENCE AND ETC.,. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:1642 CRL.P No. 105126 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri.Annesaheb Shalagar, learned counsel appearing for petitioner and Sri.Chetan Kumar Poojari for Sri.Dinesh M. Kulkarni, learned counsel appearing for respondent. 2. The accused, who is the petitioner, is challenging the rejection of the application filed under Section 311 of Code of Criminal Procedure (hereinafter referred to as ‘the Cr.P.C.’) in C.C.No.79 of 2013. 3. The said application was opposed by the complainant by filing detailed objections. 4. Thereafter learned trial magistrate heard the arguments of the parties and by considered order dated 15.10.2020, dismissed the application. 5. In fact, in the appeal filed by the accused, a direction was granted to examine the accused on 24.03.2025. On that day, the accused failed to appear and therefore lost the opportunity. - 3 - HC-KAR NC: 2026:KHC-D:1642 CRL.P No. 105126 of 2025 6. The order rejecting the application under Section 311 of Cr.P.C. was challenged before the First Appellate Court in Criminal Revision Petition No.5206 of 2025. 7. Learned judge in the First Appellate Court noted that a revision petition would not be maintainable in respect of an interlocutory order and dismissed the same, imposing cost of ₹5,000/-. 8. Thereafter, the petitioner is before this Court. 9. Learned counsel Sri.Annesaheb Shalagar, appearing for the accused reiterating the grounds urged in the petition would contend that on 24.03.2025, the petitioner was present before the Court, but his Advocate was not present on account of family function. 10. Therefore, the accused was not examined. Since the appellate Court’s direction specifically required the accused to be examined on 24.03.2025 itself, he did not get examined and therefore sought for allowing the application. 11. Per contra, Sri.Chetan Kumar Poojari, learned counsel for respondent supports the impugned orders. 12. Taking note of the fact that accused has failed to utilize the opportunity and that it was for the accused to lead the - 4 - HC-KAR NC: 2026:KHC-D:1642 CRL.P No. 105126 of 2025 evidence in the first place, following the dictum of law in the case of Indian Bank Association and others vs. Union of India and others reported in (2014) 5 SCC 590, he failed to do so, no further indulgence can be shown to the accused. 13. Accordingly, the petition is dismissed. Sd/- (V.SRISHANANDA) JUDGE RHR/-Ct-cmu LIST NO.: 3 SL NO.: 59