Sri. Vinod Kumar M S vs Sri.M.Ramu
2025 Latest Caselaw 9758 Kant

Citation : 2025 Latest Caselaw 9758 Kant
Judgement Date : 4 November, 2025

Karnataka High Court

Sri. Vinod Kumar M S vs Sri.M.Ramu on 4 November, 2025

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                                                              NC: 2025:KHC:44483
                                                          CRL.A No. 1482 of 2016


                      HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                             DATED THIS THE 4TH DAY OF NOVEMBER, 2025
                                               BEFORE
                               THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL APPEAL NO. 1482 OF 2016 (A)
                      BETWEEN:

                      SRI. VINOD KUMAR M S
                      S/O SOMASHEKAR M P
                      AGED 34 YEARS
                      #NO.772, AKSHAYA LAXMI NILAYA,
                      VINAYAKA LAYOUT,
                      NAGARBAVI 2ND STAGE,
                      BANGALORE-72
                      PRESENTLY RESIDING AT
                      #NO.1004/1197,
                      DR. RAJENDRA PRASAD ROAD,
                      GIRINAGAR 2ND STAGE,
                      BANGALORE-85
                                                                    ...APPELLANT
                      (BY SRI. SRIRAM SINGH., ADVOCATE)
                      AND:

Digitally signed by
LAKSHMINARAYAN N
                      SRI. M.RAMU
Location: HIGH
COURT OF
                      AGE ABOUT 55 YEARS
KARNATAKA             R/AT #NO.24,
                      VEERABHADRESHWARA NILAYA,
                      10TH CROSS, KOTTIGEPALYA,
                      MAGADI MAIN ROAD,
                      BANGALORE-91
                                                                  ...RESPONDENT
                      (BY SRI. R.B. PRAKASH, ADV.)


                           THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO
                      SET ASIDE THE JUDGMENT AND ORDER DATED 14.06.2016
                      PASSED    BY   THE    XXII  A.C.M.M.,  BANGALORE    IN
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                                            NC: 2025:KHC:44483
                                        CRL.A No. 1482 of 2016


HC-KAR



C.C.NO.20579/2015-ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE P/U/S 138 OF N.I. ACT.

     THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

                     ORAL JUDGMENT

1. The appellant/complainant has preferred this appeal

against the order of Acquittal dated 14.06.2016 in

C.C.No.20579/2015 passed by the XXII Additional Chief

Metropolitan Magistrate, Bengaluru City.

2. Learned counsel for the appellant/complainant has

re-iterated the averments made in the memorandum of

appeal.

3. As against this, learned counsel for the

respondent/accused has submitted that the trial Court has

not provided an opportunity to the accused to adduce

defense evidence though the accused has stated in his

written statement that he has defense evidence and

further he would submit that the application is filed under

Section 391 of Cr.P.C. to produce documents which are

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not produced before the trial Court and sought for

remanding the case to the trial Court for disposal in

accordance with law.

4. Learned counsel for the appellant fairly submits that

he has no objection for remanding the case to the trial

Court and would further submit that the

complainant/appellant also intends to lead further

evidence, if the matter is remanded back to the trial Court.

5. I have examined the materials placed before this

Court.

6. On perusal of the order sheet dated 07.05.2016, it is

clear that the trial Court has recorded the statement of the

accused under Section 313 of Cr.P.C. On that day, the

accused while answering question No.5, has clearly stated

" ಾ ಇ ೆ ".

7. The order sheet dated 23.05.2016 reveals that

Sri.RLB, Advocate files vakalath on behalf of the accused

with NOC of previous counsel and also filed application

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under Section 311 of Cr.P.C to recall PW-1. The trial Court

has not passed any order on application filed under

Section 311 of Cr.P.C and passed the impugned judgment

of acquittal.

8. When the application is filed under Section 311 of

Cr.P.C to recall PW-1, it is the duty of the Court to pass

necessary orders on such application. Unfortunately, the

trial Court has not passed any order on application is filed

under Section 311 of Cr.P.C. The trial Court has also not

provided opportunity to the accused to adduce defense

evidence. Hence, it is necessary to remand the matter to

the trial Court for disposal in accordance with law.

Accordingly, I proceed to pass the following:

ORDER

(i) The appeal is allowed-in-part.

(ii) The judgment of Acquittal dated

14.06.2016 in C.C.No.20579/2015 passed by the

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XXII Additional Chief Metropolitan Magistrate,

Bengaluru City, is set aside.

(iii) The case is remitted back to the trial Court

with a direction to provide an opportunity to the

accused for further cross-examination of PW-1

and also to adduce his defense evidence.

(iv) The application filed under Section 391

Cr.P.C is also allowed. The accused/respondent

is permitted to produce documents, as sought

for in the application.

(v) Both parties are directed to appear before

the trial Court on 03.12.2025 without seeking

any further notice from the trial Court.

(vi) The Complainant is also permitted to