IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8902/2018 BETWEEN:
SMT. FARHANA BEGUM W/O MOHAMMAD MUSTHAFA PROP: M/S M.M. FASHIONS BAG INDUSTRIES, NO.16 25TH "B" MAIN, 3RD CROSS BTM 2ND STAGE NEAR SANGAM BAKERY BANGALORE – 560 076.
... PETITIONER (BY SRI. V.R. BALARAJ, ADVOCATE) AND:
SRI. MANOJ KARIA S/O DHIRAJLAL KARI PROP: M/S. HIND TRADERS NO.8, TULUSITHOTA ROAD SHOP NO.1 & 2 U.G. DELUXE LODGE COMPLEX J.M. LANE, 3RD CROSS, BALEPET BANGALORE – 560 053. ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED:27.06.2018 PRODUCED AT ANNEXURE-A PASSED BY THE XIX ADDL.C.M.M., BENGALURU IN C.C.NO.570/2015 AND FURTHER PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED:15.09.2018 PASSED BY THE LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN CRL.RP.NO.466/2018 PRODUCED AT ANNEXURE-B AND FURTHER ALLOW THE APPLICATION UNDER SECTION 311 OF CR.P.C. FILED BY THE PETITIONER/ACCUSED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R An application filed under Section 311 Cr.P.C in C.C.No.570/2015 has been rejected in the proceedings arising out of a complaint filed under Section 200 Cr.P.C r/w Section 138 of Negotiable Instruments Act, 1881 and same is called in question in this petition.
2. Having heard the learned Advocates appearing for parties and on perusal of the impugned order, it would disclose that petitioner has been given sufficient opportunity to cross-examine P.W.1- complainant and in fact, P.W.1 has been examined on more than two occasions. Hence, no grounds are made out to admit this petition. Accordingly, criminal petition is rejected.
SD/-
JUDGE *sp