IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.1334/2019 BETWEEN:
H.B.JAYAPPA S/O BENAKAPPA, AGED ABOUT 49 YEARS, OCC:ASSISTANT TEACHER, H.P.S.HODEYARAPURA, ANAVERI POST, HOLEHONNURU HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-577 301.
AND ALSO R/AT MALLESHWARAM NILAYA, RAMPURA ROAD, SASVEHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT -577 217. R/AT # 84, RATHNAKARA NAGARA, 3RD CROSS, SAVALANGA ROAD, SHIVAMOGGA TOWN-577 201.
… PETITIONER [BY SRI GOPALAKRISHNA MURTHY C., ADVOCATE) AND:
M.MANJUNATHA S/O BASAVARAJ, AGED ABOUT 35 YEARS, CLERK AT MUTOOT FINANCE DURGIGUDI, SHIVAMOGGA, AND ALSO R/AT NIDIGE VILLAGE AND POST, SHIVAMOGGA TALUK-577 201.
… RESPONDENT (BY SRI K.V.SATHISHCHANDRA, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 30.01.2019 IN C.C.NO.1846/2016 AT ANNEXURE-A ON THE FILE OF THE III-JMFC, SHIVAMOGGA AND SET ASIDE THE ORDER DATED 12.02.2019 IN CRL.RP.NO.14/2019 AT ANNEXURE-B ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In a proceeding initiated by respondent under Section 200 of Cr.P.C., alleging that petitioner has committed an offence punishable under Section 138 of Negotiable Instruments Act, an application under Section 311 of Cr.P.C., came to be filed. Same has been dismissed by impugned order dated 30.01.2019 on the ground that petitioner has not cross-examined P.W.1 inspite of sufficient time having been granted.
2. Sri K.V.Sathishchandra, learned counsel appearing for respondent submits that he has no objection for allowing the application provided a direction being issued to the learned trial Judge to dispose of the proceedings expeditiously within a time frame.
3. Having heard the learned counsel appearing for parties and having regard to the facts and circumstances of the case, this Court is of the opinion that one final opportunity deserves to be granted to the petitioner/accused to cross-examine P.W.1 conditionally. Hence, the following ORDER (i) Criminal petition is allowed.
(ii) Orders dated 30.01.2019 passed in C.C.No.1846/2016 and order dated 12.02.2019 passed in Crl.R.P.No.14/2019 are set aside. Application filed under Section 311 of Cr.P.C., is allowed, subject to following conditions (a) Petitioner/accused shall pay cost of Rs.10,000/- to P.W.1; and (b) Petitioner/accused shall cross-examine P.W.1 on the next date of hearing without fail.
Trial Court shall expeditiously dispose of the said proceedings, at any rate, within one week from the next date of hearing subject to both parties co-operating with the trial Court and learned trial Judge is also at liberty to put parties on terms by imposing exemplary cost, if necessary.
It is stated that cost has already been received by respondent/complainant, which is not disputed by Sri K.V.Sathishchandra. Their submission made in this regard is placed on record.
SD/- JUDGE PB