IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION NO.7540 OF 2015 Between:
Sri. Suresh Krishnamurthy, S/o late N.S. Krishnamurthy, Aged about 61 years, Residing at No.219, 1st ‘B’ Cross, II Main Road, Kasturi Nagar, Bangalore – 560 040. …Petitioner (By Shri. Srinivas Rao S.S., Advocate) And:
Sri. G.V. Raghavendra, S/o late G.V. Iyer, Aged about 41 years, Residing at No.22/77, IV Cross, RPC Layout, Vijayanagar, Bangalore – 560 040. …Respondent (By Shri. N. Shankarnarayana Bhat, Advocate) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 03.11.2015 rejecting the Interlocutory Application filed by the petitioner under Section 311 Cr.P.C. seeking recall of PW-1 for further cross – examination on the file of the Learned XVI A.C.M.M., Bengaluru, in C.C.No.9445/2014 and allow the said application.
This Petition coming on for admission this day, the Court made the following:-
O R D E R The petitioner is facing proceedings for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The mater was contested. It transpires that the petitioner has cross examined the complainant and thereafter has filed the present application at a stage when the matter was set down for arguments. The petitioner apparently has not chosen to tender evidence. It is in this background that the application was filed seeking recall to PW.1. This was impermissible since it is not as if the petitioner did not have an opportunity to cross examine the witness. In that view of the matter, it was open for the petitioner to have tendered evidence and produce any document that he wanted to confront the complainant with. Therefore, if the petitioner has not chosen to do so, it may not at this stage seek recall of PW.1. The trial court has rightly dismissed his application. There is no warrant for interference. The petition is rejected.
Sd/- JUDGE ykl