IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.810 OF 2019 BETWEEN:
D. VIJAY S/O LATE DORESWAMY AGED ABOUT 46 YEARS NO 117, XIII MAIN, II STAGE BINNY LAYOUT, VIJAYANAGAR BANGALORE-40 … PETITIONER (BY SHRI. K.T. VASUDEVA IYENGAR, ADVOCATE) AND:
SRI. UTTAM CHAND S/O DHARMICHAND MAJOR IN AGE 52 R/A NO 198/5, 1ST MAIN ROAD 4TH CROSS, MANJUNATHA NAGAR BANGALORE-560 010 ... RESPONDENT (BY SHRI. RAMESH P. KULKARNI, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 27.03.2017 ANNEXURE-E AND DIRECT THE HON'BLE TRIAL COURT NOT TO PROGRESS FURTHER IN THE MATTER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is accused in proceedings initiated by respondent under Section 138 of Negotiable Instruments Act, 1881. He filed an application under Section 311 of Cr.P.C., to recall PW.1 for further cross-examination. The same has been dismissed by the learned Magistrate. Petitioner unsuccessfully challenged the same in CRL.RP.No.459/2017 which has been dismissed by order dated 05.01.2019.
2. Learned advocate for petitioner submitted that by inadvertence, he could not confront three documents and prayed that an opportunity may be granted to the petitioner to cross-examine the complainant.
3. I have carefully considered submissions and perused the records.
4. The cheque is for Rs.4,25,000/-. The matter is pending since 2017. PW.1 was cross-examined in the year 2017. It is submitted by learned advocates on both sides that the matter is now set down for arguments. In the circumstances, this Court is of the view that one opportunity to cross-examine the respondent on one single day can be granted by putting the petitioner on terms.
5. Learned advocate for the respondent undertakes to keep the PW.1 present before the Court below on the next date of hearing upon payment of cost.
6. In the circumstances, petitioner shall be permitted to cross-examine PW.1 on payment of cost of Rs.3,000/-. Cross-examination shall be conducted on the next date of hearing or on such further date as may be fixed by the learned Trial Judge. Accordingly, the petition is disposed of.
No costs.
Sd/- JUDGE AV