IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.3131/2018 BETWEEN:
SRI NARSIMHA MURTHY SON OF LATE NARAYANAPPA, AGED ABOUT 50 YEARS, R/AT NO.12, 24TH CROSS, DEVANGA HOSTEL ROAD, 10TH MAIN, SAMPANGIRAMANAGARA, BENGALURU – 560 027. ... PETITIONER (BY SRI BASAVARAJU P., ADVOCATE) AND:
SRI ASHOK KUMAR S/O. LATE RAMASWAMY, R/AT NO.23/1, VASANTHAPURA MAIN ROAD, KONANAKUNTE CROSS, BENGALURU – 560 062. ... RESPONDENT (BY SRI M.S. VISHWANATHA, ADVOCATE) ***** THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER DATED 10.04.2018 PASSED BY THE XXII A.C.M.M., BENGALURU IN C.C.NO.7913/2017 VIDE ANNEXURE-A AND MAY BE ALLOW THE APPLICATION FILED BY THE PETITIONER U/S 31 OF CODE OF CRIMINAL PROCEDURE AS PRAYED FOR VIDE ANNEXURE-A1 AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for admission, by consent of learned counsel appearing on both sides, matter is taken up for final disposal.
2. Heard learned counsel appearing for both parties and perused the material on record.
3. An application filed by the petitioner – accused in a proceedings initiated for the alleged offence punishable under Section 138 of Negotiable Instruments Act, 1881 which has been dismissed by the trial Court by order dated 10/04/2018, has been called in question.
4. At the time of cross-examining respondent – complainant P.W.1, it was elicited in the cross-examination on 11/12/2017 as to whether the complainant was possessing any document to establish that he had drawn money from the Bank for which witness had answered in the affirmative. In this background, an application under Section 91 of Cr.P.C. was filed by the accused to issue a direction to the complainant to produce said documents apart from other documents. Said application came to be allowed by order dated 01/03/2018 and as such, petitioner – accused filed an application under Section 311 of Cr.P.C. for recall of P.W.1 and for further examination of the complainant on those documents. Undisputedly, the document which has been produced by the respondent – complainant is subsequent to the conclusion of the cross- examination of P.W.1. As such, an opportunity requires to be granted to the petitioner – accused for cross-examining P.W.1 on the documents produced subsequent to cross- examination. However, under the guise of further cross- examining P.W.1, petitioner – accused cannot be allowed to delay the proceedings before the trial Court and it would suffice to give a direction to the learned trial Judge to dispose of the petition in a time bound manner. Hence, the following:-
O R D E R Criminal petition is allowed. Order dated 10/04/2018 passed in C.C.No.913/2017 is set aside and application filed by the petitioner – accused under Section 311 of Cr.P.C. at Annexure “A1” is hereby allowed to the extent of observation made herein above and petitioner – accused is permitted to further examine P.W.1 insofar as it relates to additional documents which came to be tendered by the complainant on 19/03/2018.
Learned trial Judge shall dispose of the proceedings in accordance with law and at any rate, within a time limit of two months from the next date of hearing. Learned trial Judge would be at liberty to put the parties on terms in the event of there being no co-operation from either side.
SD/- JUDGE *mvs