IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1939/2018 BETWEEN:
SMT. ASHWINI W/O. ARVIND KUMAR AGED ABOUT 36 YEARS, RESIDING AT NO.1148, 5TH MAIN, A BLOCK, 2ND STAGE, NEAR ST. THERASA HOSPITAL, RAJAJINAGAR, BENGALURU-560010 ... PETITIONER (BY SRI.JAGADEESWAR J, ADVOCATE) AND:
SRI.SHIVAKUMAR S/O. LATE KRISHNAPPA, AGED ABOUT 45 YEARS, R/AT NO.14/1, MARTRUNIVAS, HANUMAN LAYOUT, CHIKKABANAVARA, BENGALURU-560090 ... RESPONDENT THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.03.2018 ALLOW THE APPLICATION FILED BY THE PETITIONER/ACCUSED BEFORE THE HON’BLE TRIAL COURT U/S 311 OF CR.P.C. AND DIRECT THE TRIAL COURT TO RECORD THE FURTHER CROSS EXAMINATION OF THE PW1, PASS SUCH OTHER ORDERS WHICH THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THIS CASE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Application filed under Section 311 of Cr.P.C. in C.C.No.397/2017, which proceedings have been initiated for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short ‘NI Act’) against petitioner-accused is before this Court challenging order of dismissal of application.
2. As could be seen from the impugned order, P.W.1 came to be examined on 18.11.2017 and thereafter examined on 16.12.2017. He was recalled on 03.02.2018 and cross examined. Further cross examination was made on 05.02.2018. Subsequently application came to be filed for recall of P.W.1, which also came to be allowed and P.W.1 was recalled and further cross examined on 27.01.2018. It is thereafter learned counsel now appearing for accused having entered appearance with a No Objection Vakalathnama from previous counsel, has filed present application for recall of P.W.1. Trial Court having noticed that P.W.1 has been extensively cross examined, has rightly rejected the said application on the premise that change of counsel is not a good ground. This Court finds there is no good ground to entertain this petition. Hence, petition stands rejected.
In view of petition having been rejected, I.A.No.1/2018 for stay does not survive for consideration and it stands rejected.
SD/- JUDGE DR