IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2046/2019 BETWEEN:
SMT. A. PARVATHAMMA W/O SRI. RUDRAIAH AGED ABOUT 69 YEARS R/AT NO.1, DARSHAN VILLA 2ND CROSS NEHRU NAGAR BANGALORE-560020.
(BY SRI. S.BALAKRISHNA, ADVOCATE) AND:
SRI. C. BASAPPA S/O LATE CHIKKAGUBBANNA AGED ABOUT 75 YEARS R/AT MUTHKUR VILLAGE HESARGHATTA HOBLI BANGALORE NORTH TALUK BANGALORE-560088.
... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC. PRAYING TO SET ASIDE THE ORDER DATED 31.01.2019 ALLOWING SECTION 311 APPLICATIONS TO RECALL D.W.1 FOR FURTHER CROSS-EXAMINATION AND TO EXAMINE EXPERT IN C.C.NO.4823/2016 ON THE FILE OF CJM (RURAL) COURT, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is arraigned as accused in the proceedings initiated by respondent for the alleged offence punishable under Section 138 of Negotiable Instruments Act, 1881 is before this Court calling in question order dated 31.01.2019 passed by CJM Rural Court, Bengaluru in C.C.No.4823/2016 whereunder application filed by complainant under Section 311 of Cr.P.C to recall D.W.1 for further cross-examination came to be allowed.
Perusal of said order would disclose that for limited purpose of cross-examining D.W.1 in respect of expert opinion which was subsequently obtained by petitioner-accused, application in question came to be filed and same has been allowed and D.W.1 had been recalled. Said order passed by the learned trial Judge does not suffer from any infirmity calling for interference. No grounds is made out to entertain this petition. Hence, petition stands rejected.
In view of rejection of petition, I.A.No.1/2019 for stay does not survive for consideration. Hence, it is rejected.
SD/- JUDGE RU