IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.1469 OF 2019 BETWEEN:
1. M/S.KING LIGHTS NO.45, DITP, SWS 1 APPAREL PARK, PHASE-II KIADB INDUSTRIAL AREA DODDABALLAPURA – 561 203 BANGALORE RURAL DISTRICT REPRESENTED BY ITS PROPRIETOR SRI.PARISHATH 2. SRI.PARISHATH S/O.B.K.DEVRAJ AGED ABOUT 48 YEARS NO.45, DITP, SWS 1, APPAREL PARK PHASE-II, KIADB INDUSTRIAL AREA DODDABALLAPURA – 561 203 BANGALORE RURAL DISTRICT.
ALSO AT:
R/AT.NO.35/7 KAMALAMMA KEMPANNA COMPOUND DODDABOMSANDRA VIDYARANYAPURA POST BENGALURU – 560 097.
…PETITIONERS (BY SRI.H.V.MANJUNATHA, ADV.,) AND:
SRI.SRINIVAS.C S/O.CHANDRAIAH M.T. AGED ABOUT 25 YEARS R/AT.C/O.PRAKASH NO.118, 6TH CROSS JNANAJYOTHI NAGAR ULLALU MAIN ROAD BENGALURU – 560 056.
…RESPONDENT (BY SRI.CHANDRAHASA RAI, ADV.,) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 23.01.2019 MADE ON APPLICATION FILED UNDER SECTION 311 OF THE CRIMINAL PROCEDURE CODE FOR RE-CALLING THE STAGE FOR FURTHER CROSS EXAMINATION OF THE PW-1 PASSED IN C.C.NO.3667/2018 ON THE FILE OF THE 20TH A.C.M.M., AT BANGALORE AND TO ALLOW THE APPLICATION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. H. V. Manjunatha, learned counsel for the petitioners.
Sri. Chandrahasa, learned counsel for the respondent.
2. The petition is admitted for hearing. With the consent of the learned counsel for the parties, the matter is heard finally.
3. In this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’ for short), the petitioner has assailed the validity of the order dated 23.01.2019 passed by the trial Court by which the application filed by the petitioner under Section 311 of the Code has been rejected.
4. Facts giving rise to filing of this petition briefly stated are that the respondent has filed a complaint against the petitioner under Section 138 of the Negotiable Instruments Act. Petitioner cross- examined the complainant on 21.08.2018, 09.10.2018 and on 11.12.2018. Thereafter, again an application under Section 311 of the Code was filed by the petitioner on the ground that the cheque was issued due to the pressure from the complainant and the complainant apprised him about his financial status. It is further stated in the application that in order to ascertain the aforesaid fact, the petitioner be granted an opportunity to cross-examine the complainant. The aforesaid prayer has been rejected by the trial Court vide the impugned order.
5. Learned counsel for the petitioner submits that the petitioner be granted an opportunity by way of last chance to cross-examine the complainant subject to such terms and conditions as this Court may deem fit.
6. On the other hand, learned counsel for the respondent has supported the order passed by the trial Court.
7. I have considered the submissions made by the learned counsel for the parties.
8. For the reasons assigned by the petitioner in paragraph 2 of the application filed under Section 311 of the Code and with a view to afford an opportunity before the trial Court to the petitioner, I am inclined to grant one more opportunity to the petitioner to cross-examine the complainant. The impugned order dated 23.01.2019 is hereby quashed. It is directed that the trial Court shall fix a date for cross-examination of the complainant. On the said date, the petitioner shall positively cross-examine the complainant and no further opportunity for cross- examination of the complainant shall be granted. In case the petitioner fails to cross-examine the complainant on the date fixed by the trial Court, his right to cross-examine the complainant shall stand closed.
9. In compliance of the order dated 22.04.2019, petitioner has deposited a sum of Rs.5,000/- before the registry of this Court. The aforesaid amount shall be payable to the respondent.
10. With the aforesaid direction, the petition is disposed of.
Sd/- Judge VP