IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9058/2018 BETWEEN:
CHANDRIKA KRISHNA D/O. LATE D. KRISHNA SWAMY AGED ABOUT 52 YEARS, RESIDING AT NO.279 D, 37TH A CROSS, 2ND MAIN, 8TH BLOCK, JAYANAGAR, BANGALORE-560 082 ... PETITIONER (BY SMT. BHUSHANI KUMAR, ADVOCATE) AND:
ROHITH PUNJA S/O. RAM MOHAN PUNJA AGED ABOUT 40 YEARS, R/A NO.407, RAYARA NERALU G, RD IDEAL HOME TOWNSHIP II STAGE, RAJARAJESHWARI NAGAR, BANGALORE – 560 098 REP. BY HIS POWER OF ATTORNEY HOLDER – K. PREM KUMAR ... RESPONDENT (BY SRI.B.PRAMOD, ADVOCATE) THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 19.11.2018, PASSED BY THE XIX ACMM, AT BANGALORE IN C.C.NO.11039/2016 AND ALLOW THE PETITIONER TO LEAD EVIDENCE BY FILING FRESH AFFIDAVIT OR IN THE ALTERNATE, ALLOW THE PETITIONER TO SIGN THE AFFIDAVIT ALREADY FILED.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R A short point that arise for consideration in this petition is whether petitioner should be permitted to lead further evidence in pending C.C.No.11039/2016? which proceedings has been initiated by respondent herein by filing a complaint under Section 200 of Cr.P.C. r/w Section 138 of Negotiable Instruments Act, 1881.
2. Having heard the learned Advocates appearing for parties, records would disclose that petitioner, who is accused, tendered his evidence by way of examination-in-chief by filing an affidavit dated 19.06.2018 in lieu of examination-in-chief and based on said affidavit petitioner/accused has also been cross-examined on 10.08.2018. Subsequently, it has been noticed by petitioner/accused that deponent has not affixed her signature to the affidavit dated 19.06.2018. Hence, to avoid any technical objection being raised, an application under Section 311 was filed, which has been dismissed by impugned order.
3. Since Cross-examination has also been completed, it would suffice and meet the ends of justice if petitioner/accused is permitted to file an affidavit reiterating the contents of affidavit dated 19.06.2018 and in the event of such affidavit being filed the respondent/complainant herein would be at liberty to further cross-examine the petitioner/accused, if so advised. Hence, with this observation this petition stands disposed of.
In view of petition having been disposed of, I.A.No.1/2018 for stay does not survive for consideration and it is rejected.
SD/- JUDGE DR/RG