Karnataka High Court
Ct Sudharani vs Sl Krishanappa on 6 March, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:9402
CRL.P No. 2257 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 2257 OF 2024
BETWEEN:
C.T. SUDHARANI
W/O C.G. VENKATESH
AGED ABOUT 38 YEARS
RESIDING AT SRIMATHA
ANNAPOORNESHWARI NILAYA
GANAPATHI TEMPLE ROAD
MAHADESHWARA NAGARA 2ND STAGE
HEROHALLI, BANGALORE - 560 091.
...PETITIONER
(BY SRI V.B. RAVISHANKAR, ADV.)
AND:
S.L. KRISHANAPPA
S/O (LATE) NINGAPPA
Digitally signed
by B A KRISHNA AGED 57 YEARS
KUMAR RESIDING AT PUTTASWAMAIAHNAPALYA
Location: HIGH
COURT OF SATHYAMANGALA ROAD
KARNATAKA SIRA GATE, TUMKUR - 560 001.
...RESPONDENT
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE
ORDER DATED 29.12.2021 WHEREIN THE COURT BELOW HAS
REJECTED THE APPLICATION FILED BY THIS PETITIONER UNDER
SEC.311 OF THE CR.PC SEEKING TO RECALL PW-1 FOR CROSS
EXAMINATION IN C.C.NO.832/2016 PENDING ON THE FILE OF THE
PRL.JR.DN AND J.M.F.C TUMAKURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:9402
CRL.P No. 2257 of 2024
ORDER
1. Petitioner is before this Court under Section 482 Cr.PC
with a prayer to set aside the order dated 29.12.2021 passed
by the Court of V Addl. Civil Judge & JMFC, Tumakuru, in
C.C.No.832/2016 rejecting the application filed by the
petitioner under Section 311 Cr.PC with a prayer to recall
PW-1.
2. Heard the learned Counsel for the petitioner.
3. Respondent herein has initiated proceedings against the
petitioner herein before the Trial Court in C.C.No.832/2016 for
the offence punishable under Section 138 of the Negotiable
Instruments Act, 1881 (for short, 'the Act'). The petitioner had
filed application under Section 311 Cr.PC before the Trial Court
with a prayer to recall PW-1 for cross-examination. The said
application was opposed by the respondent-complainant by
filing objections. The Trial Court vide the order impugned dated
29.12.2021 has rejected the said application. Challenging the
same, the petitioner is before this Court.
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4. Learned Counsel for the petitioner submits that the
advocate representing the petitioner before the Trial Court has
not completely cross-examined PW-1. He submits that the
advocate has not informed the stage of the case to the
petitioner. It is only when non-bailable warrant was served on
the petitioner, she came to know about the stage. He submits
that the matter is now posted for pronouncement of judgment
on 11.03.2024. He submits that if an opportunity to cross-
examine PW-1 is not granted, petitioner will be put to
irreparable hardship and she will be denied fair trial.
5. The respondent has filed the complaint before the Trial
Court in the year 2016 and the plea of the accused was
recorded in the year 2019 itself. Petitioner-accused had filed an
application under Section 145(2) of the Act seeking permission
of the Trial Court to cross-examine complainant-PW-1. The said
application was allowed on 02.08.2019. Thereafter, the matter
was adjourned for about two years at the request of the
Counsel for the petitioner-accused to cross-examine PW-1. On
27.08.2021, which is about 20 dates after the application filed
under Section 145(2) of the At was allowed, a further request
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was made on behalf of the petitioner-accused to grant time to
cross-examine PW-1. The Trial Court having found that
sufficient opportunity was granted, refused to grant time and
had recorded that cross-examination of PW-1 by defence as nil.
Subsequently, an application was filed for recalling PW-1 and
permit the petitioner-accused to cross-examine PW-1. The
same was dismissed on 29.12.2021. Thereafter, the matter
was posted for recording the statement of the accused under
Section 313 Cr.PC.
6. The order sheet reflects that since accused did not appear
before the Trial Court, NBW was issued against her.
Subsequently, the Trial Court also cancelled the bail bonds of
the accused and issued notice to her surety and directed the
registry to register a separate criminal miscellaneous case
against the surety on 21.12.2021. Since NBW issued against
the petitioner-accused was not served, the same was being re-
issued by the Trial Court. Subsequently, NBW issued against
the petitioner was executed and she was produced before the
Trial Court on 12.01.2024 and on the said date, the Trial Court
released her on she executing personal bond for a sum of
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Rs.50,000/- with one surety for the likesum. Section 313 Cr.PC
statement of the accused was recorded. Accused had stated
that she has no defence evidence. The case was thereafter
adjourned for arguments on 23.01.2024. The Trial Court heard
the arguments on merits of the case and has now posted the
matter for pronouncement of judgment. It is at this stage, this
petition is filed with a prayer to set aside the order dated
29.12.2021.
7. The order sheet would also go to show that the
petitioner-accused has throughout not cooperated before the
Trial Court and sufficient opportunity was granted to her to
cross-examine PW-1. Inspite of the same, the petitioner has
not chosen to cross-examine PW-1. After her application filed
under Section 311 Cr.PC was dismissed 29.12.2021, she has
continuously remained absent for a period of more than two
years. Her presence was secured by executing the NBW. She
has stated before the Trial Court that she has no defence
evidence. Therefore, it appears that only to further prolong the
case, she has now come up before this Court with the present
petition with a prayer to set aside the order dated 29.12.2021
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when the case is before Trial Court for pronouncement of
judgment.
8. Under the circumstances, I do not see any good ground
to entertain this petition. Accordingly, petition is dismissed.
Sd/-
JUDGE
KK
