Remanded

Sri Jagadish Shetty H S v. the Aisiri Co. Operative Society Limited

Karnataka HC1 Mar 2024CRL.P/124/2024

Case brief

AI extract

What is this about?

This criminal petition under Section 482 CrPC challenged the denial of cross-examination opportunities to the petitioner-accused regarding bank officials summoned under Section 139 of the Evidence Act. The Court directed the petitioner to cross-examine the witnesses and ordered the Trial Court to conclude within three months.

What did the court decide?

Petitioner permitted to cross-examine DW.1 and DW.2; Trial Court directed to conclude within three months.

Sri Jagadish Shetty H S Vs the Aisiri Co… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:8614 CRL.P No. 124 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 124 OF 2024

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BETWEEN:

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SRI. JAGADISH SHETTY H.S., S/O D. SADHU SHETTY, AGED ABOUT 56 YEARS, R/AT NO.22, 1^ST A MAIN, SAMRAT LAYOUT, NEAR ANJANEYA TEMPLE, ARAKERE, B.G.ROAD, BANGALORE - 560 076.

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ADDRESS WRONGLY MENTIONED IN THE COMPLAINT IN C.C.NO.10114/2022, BEFORE THE TRIAL COURT AS, C/O. RUCHI CATERING, NO. 78/2A, AREKARE, JAI HANUMAN NAGAR, 1^ST AND 2^ND CROSS, BTM 6^TH STAGE, BANNERGHATTA ROAD, BANGALORE - 560 076. …PETITIONER

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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(BY SRI. RAGHAVENDRA K., ADVOCATE)

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AND:

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THE AISIRI CO-OPERATIVE SOCIETY LIMITED, REGISTERED OFFICE AT NO.82, 1^ST MAIN, 1^ST CROSS, VYSYA BANK COLONY, BTM 2^ND STAGE, BANGALORE - 560 076, EARLIER REP. BY ITS PRESIDENT, SRI. Y. UMANATH SHETTY, NOW REP. BY ITS PRESIDENT, SRI. A. KARUNAKARA HEGDE

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…RESPONDENT

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(BY SRI. CHANDRASHEKAR P PATIL, ADVOCATE)

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NC: 2024:KHC:8614 CRL.P No. 124 of 2024

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THIS CRL.P IS FILED U/S.482 OF CR.P.C., PRAYING TO SET ASIDE THE DEPOSITION OF DW1, DATED 07.12.2023 RECORDED BY THE LEARNED XL ACMM AT BENGALURU IN C.C.NO.10114/2022 AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In the light of the order dated 10.11.2023 passed by this Court in Crl.P.No.10375/2023, DW.1 and DW.2, who are the officials of the Bank were summoned to furnish documents as stated under Section 139 of the Indian Evidence Act, 1872 ('the Evidence Act' for short).

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DW.1 was examined by the petitioner - accused. However, the Trial Court treated the said witness as hostile and cross-examined him and DW.2 was not permitted to be crossexamined by the petitioner - accused since the said witness had stated that he would prefer an appeal against the order summoning him.

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Heard the learned counsel for the parties.

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On perusal of the statement of DW.1 indicates that the petitioner was permitted to examine the said witness. However, he was not provided with sufficient opportunity to cross-examine.

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Section 139 of the Indian Evidence Act deals with cross-examination of person called to produce a document and states that a person summoned to produce a document does not

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3 - NC: 2024:KHC:8614 CRL.P No. 124 of 2024

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become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness.

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In the present case, DW.1 and DW.2 were treated as witnesses. However, the petitioner - accused was not permitted to cross-examine the said witnesses.

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In the light of the provisions contained in Section 139 of the Indian Evidence Act, the petitioner-accused is permitted to cross-examine DW.1 and DW.2 on the date on which, they are summoned, failing which, the Trial Court is directed to proceed in accordance with law.

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The Trial Court to conclude the proceedings within three months from the date of receipt of certified copy of this order.

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Sd/JUDGE

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CP List No.: 1 Sl No.: 28 CT:SNN

Sri Jagadish Shetty H S v. the Aisiri Co. Operative Society Limited

Case brief

What is this about?

What did the court decide?

Sri Jagadish Shetty H S v. the Aisiri Co. Operative Society Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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