IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 6167 OF 2015 BETWEEN:
SRI RAMEGOWDA G.C., S/O LATE CHIKKEGOWDA, AGED ABOUT 51 YEARS, R/AT GANTAGOWDANAHALLI VILLAGE, KERAGODU HOBLI, MANDYA TALUK & DISTRICT – 571 446.
(BY SRI.SRINIVASA.D.C, ADV) AND SRI PURUSHOTHAMA, S/O LATE SHIVALINGAIAH, AGED ABOUT 48 YEARS, R/AT NEW MARKET ROAD, JAINARA STREET, I CROSS, MANDYA – 571 403.
(BY SRI M.Y.SREENIVASAN, ADVOCATE) ... PETITIONER ... RESPONDENT THIS CRL.PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDERS PASSED BY THE II ADDL. DIST. AND S.J., MANDYA IN CRL.RP NO.26/2015 DATED 22.08.2015 AND THE ORDER PASSED BY THE JMFC, MANDYA, IN C.C.NO.445/2013 DATED 16.02.2015 AND CONSEQUENTLY ALLOW THE I.A FILED BY THE PETITIONER U/S 311 OF CR.P.C TO RECALL PW-1 FOR FURTHER CROSS EXAMINATION.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Petitioner is before this Court challenging the order passed by the II Addl. District and Sections Judge, Mandya on the application filed by him under Section 311 of Cr.P.C.
2. By the said application, petitioner/accused sought to recall PW-1 for further cross-examination on the ground that petitioner intended to suggest certain new facts to the complainant with regard to economic condition and his capacity to lend huge amount as alleged in the complaint.
3. The trial court has observed that all these facts are suggested to PW-1 during his cross-
examination and sufficient opportunity was given to the petitioner to cross-examine the complainant. Even otherwise, burden of proving the economic condition and capacity to lend the amount is on the complainant and not on the accused. Therefore, the trial Court has rightly dismissed the application.
3. No grounds are made out to interfere with the said order. Consequently, the petition is dismissed.
Sd/-
JUDGE ln.