THOMAS G.K v. SIDDESHWARA M.B

(BY SRI. H.K.SINGH, ADVOCATE) *** Digitally signed by CHANDANA B M Location: High Court of Karnataka …PETITIONER …RESPONDENT - 2 - NC: 2025:KHC:20794 CRL.P No. 14220 of 2024 HC-KAR THIS CRL.P. IS FILED U/S 482 OF CR.P.C., (FILED U/S 528 BNSS) PRAYING TO SE ASIDE THE ORDER DATED

27.11.2024 ON UN-NUMBERED I.A. IN C.C.NO.51242/2019 BEFORE THE XXXIII A.C.J.M AT BENGALURU FOR RECALL OF PW-1 UNDER SEC.311 OF CR.PC AS PRAYED FOR IN THE ENDS OF JUSTICE AND EQUITY; ETC. THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "(a) To set aside the order dated 27.11.2024 on un-numbered I.A. in C.C.No.51242/2019 before the XXXIII ACJM at Bengaluru for recall of PW-1 under Section 311 of Cr.P.C., as prayed for in the ends of justice and equity. (b) Grant such other relief as this Hon'ble High Court deems facts and circumstances of the case in the ends of justice and equity. " - 3 - NC: 2025:KHC:20794 CRL.P No. 14220 of 2024 HC-KAR

Heard the learned counsel for petitioner and learned counsel for respondent.

This petition by the accused No.1 C.C.No.51242/2019 is directed against the impugned order dated 27.11.2024 whereby the application filed by the petitioner under Section 311 of Cr.P.C. to recall PW-1 for cross-examination was rejected by the Trial Court.

A perusal of the material on record will indicate that the respondent/complainant instituted the aforesaid proceedings against the petitioner/accused No.1 under Sections 138 and 142 of the Negotiable Instruments Act, 1881, which are pending in C.C.No.51242/2019 before the Trial Court. In the said proceeding, the respondent herein examined himself as PW-1 and the petitioner did not cross-examine him, as a result of which, he was discharged. Subsequently, petitioner filed the instant application under Section 311 of Cr.P.C. seeking permission to recall PW-1 for cross-examination which was - 4 - NC: 2025:KHC:20794 CRL.P No. 14220 of 2024 HC-KAR rejected by the Trial Court vide impugned order which is assailed in the present petition.

Learned counsel for the petitioner submits that if PW-1 is recalled and the petitioner is permitted to cross- examine him, the petitioner would do so on the next date of hearing before the Trial Court, without seeking any further adjournment circumstances, whatsoever.

Per contra, learned counsel for respondent/ accused, on instructions submits that he has no objection for the present petition to be allowed by setting aside the impugned order and directing the petitioner to cross- examine PW-1, subject to the condition that the petitioner has to cross-examine PW-1, positively on the next date of hearing, to be fixed by the Trial Court, without seeking further adjournment, under any circumstances whatsoever. - 5 - NC: 2025:KHC:20794 CRL.P No. 14220 of 2024 HC-KAR

In view of the aforesaid facts and circumstances of the case and the joint submission made by both sides, I deem it just and appropriate to set aside the impugned order and allow the application filed by the petitioner under Section 311 of the Cr.P.C. and permit the petitioner to cross-examine PW-1, by imposing certain conditions.