Karnataka High Court
Suresh Gowda vs V I Perumal on 3 September, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:35898
CRL.P No. 8188 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 8188 OF 2024
BETWEEN:
SURESH GOWDA
S/O MR.RAMAIAH KALAPPA,
AGED ABOUT 52 YEARS,
NO.2616, 11TH MAIN ROAD,
E BLOCK, 2ND STAGE,
RAJAJINAGAR,
BENGALURU - 560 010.
...PETITIONER
(BY SRI ARUN G., ADVOCATE)
AND:
V.I. PERUMAL
Digitally signed
by KAVYA G S/O JACOB IPE,
Location: High AGED ABOUT 78 YEARS,
Court of
Karnataka NO.19, 2ND CROSS,
DACOSTA SQUARE,
COOKE TOWN,
BENGALURU - 560 084.
...RESPONDENT
(BY SRI AJAY J. NANDALIKE, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., (528 OF BNSS) PRAYING TO QUASH THE
IMPUGNED ORDER DATED 06.08.2024 PASSED BY THE
HON'BLE XXXIV ACJM BENGALURU AND TO ALLOW THE
APPLICATION DATED 02.08.2024 FILED U/S.311 OF CR.P.C,
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CRL.P No. 8188 of 2024
1973 BY ALLOWING THE PRESENT PETITION FILED U/S.482 OF
CR.P.C, 1973.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioner is before this Court calling in question order
dated 06.08.2024 passed by the learned XXXIV Additional Chief
Metropolitan Magistrate, Bengaluru by which the application
filed by the petitioner under Section 311 of the Cr.P.C. seeking
recall of P.W.1 for further cross-examination is turned down.
2. Heard Sri Arun G, learned counsel appearing for
petitioner and Sri Ajay J Nandalike, learned counsel appearing
for the respondent.
3. Facts in brief, germane, are as follows:
Petition is the accused, respondent the complainant. The
two are alleged to have a transaction. The alleged transaction
leads the complainant to the concerned Court invoking Section
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200 of the Cr.P.C. for an offence punishable under Section 138
of the Negotiable Instruments Act, 1881. The issue in the lis
does not pertain to the merit of the matter. The petitioner and
the respondent both have filed several applications seeking
recall of witnesses or summoning of documents under Section
311 or 91 of the Cr.P.C., as the case would be. The present
case revolves round the latest application filed by the petitioner
seeking recall of P.W.1 for further cross-examination. This is
turned down, as such, the petitioner is at the doors of this
Court.
4. Learned counsel for petitioner would narrate the
circumstances which necessitated the application to be filed
under Section 311 of the Cr.P.C. and would also undertake that
he would further cross-examine on the very day and will not
summon the witness to speak about the documents that he is
wanting to confront to the complainant/P.W.1.
5. Learned counsel for the respondent would submit that
a direction be issued to complete further cross-examination on
the date that is fixed i.e., tomorrow 04-09-2024 and would
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submit that further applications of the kind should not be
permitted.
6. Learned counsel for petitioner undertakes that
petitioner would not file any further application seeking recall of
witnesses or otherwise, as the matter is posted for judgment
twice and twice over the applications are filed by the petitioner.
7. In the light of this undertaking and the acceptance of
the learned counsel for the respondent that only direction that
is to be issued is, not to permit the proceedings to be dragged,
I deem it appropriate to pass the following:
ORDER
(i) Criminal Petition is allowed.
(ii) Impugned order dated 06.08.2024 passed by the
XXXIV Additional Chief Metropolitan Magistrate,
Bengaluru stands quashed.
(iii) The application dated 02.08.2024 filed by the
petitioner under Section 311 of the Cr.P.C. for
further cross-examination of P.W.1 is allowed.
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(iv) The petitioner shall further cross-examine the
witness /P.W.1 on the next date of hearing i.e.,
on 04.09.2024.
(v) Further cross-examination shall conclude on the
said date itself.
(vi) The concerned Court shall regulate its procedure
in accordance with law, after further cross-
examination by the petitioner getting over
tomorrow i.e., on 04.09.2024.
Sd/-
(M.NAGAPRASANNA)
JUDGE
BKP
