IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.828/2019 BETWEEN 1. M/S H R IMPEX A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER /AUTHORISED SIGNATORY, MR. RAKESH KUMAR JAIN @ RAKESH CHOUHAN.
2. MR RAKESH KUMAR JAIN @ RAKESH CHOUHAN AGED ABOUT 36 YEARS, REPRESENTED BY PARTNER OF M/S H R IMPEX.
BOTH R/AT NO.12/24 & 25, 2ND FLOOR, BABA MARKET, OK ROAD, KUMBARPET, BENGALURU-560002.
... PETITIONERS (BY SRI MOHAMMED MUJASSIM, ADV.-ABSENT) AND SMT. SHANTHI BAI W/O SHRI NATHMAL, AGED ABOUT 78 YEARS, PROPRIETRIX OF M/S RATHOD ASSOCIATES, NO.1/5, 17TH CROSS, CUBBONPET, BENGALURU-560002.
REPRESENTED BY HER SPA HOLDER, SHRI. VIJESH KUMAR.
... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE INTERLOCUTORY ORDER DATED 07.01.2019 IN C.C.NO.3692/2018 PASSED BY THE XX ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, AT BENGALURU AND ALLOW THE APPLICATION U/S.311 OF CRPC FILED BY THE PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Respondent herein has filed a complaint under Section 200 of Criminal Procedure Code against the petitioners alleging an offence has been committed by the respondents-accused under Section 138 read with Section 141 of Negotiable Instruments Act, 1881.
2. When the matter was set-down for defence evidence an application under Section 311 of Criminal Procedure Code came to be filed by the accused for further cross-examination of PW-1. Learned trial court judge taken note of the fact that sufficient time was granted to cross-examine and PW-1 has also been cross-examined on more than two occasions and there is no sufficient reason to recall PW-1 for further cross- examination. Hence, application has been rightly rejected. No grounds. Criminal Petition is rejected.
In view of disposal of petition, I.A. No.1/2019 for stay does not survive for consideration. Accordingly, rejected.
Sd/- JUDGE Chs* CT-HR