Accused in a cheque dishonour case sought recall of his bank-manager witness (D.W.2) under Section 311 Cr.P.C. after leaving out documents; the trial court refused. The High Court allowed the petition, holding fair trial under Article 21 required one more opportunity.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 9205 OF 2023
BETWEEN:
SRI. MUZAMIL AHMED S/O SHAIK ABDUL KHALAK @ NAWAB, AGED ABOUT 49 YEARS, R/AT VENKATAGIRIKOTE, CHINTHAMANI CITY - 563 125.
ALSO AT SRI. MUZAMIL AHMED, S/O SHAIK ABDUL KHALAK @ NAWAB, AGED ABOUT 49 YEARS, SMS ENTERPRISES, M.G.ROAD, SRINIVASAPUR ROAD, CHINTAMANI CITY - 563 125.
…PETITIONER (BY SRI. G M SRINIVASAREDDY, ADVOCATE) AND:
Digitally signed by SHOBHA C Location: High Court of Karnataka
SRI. G. SRINIVAS AND SONS PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER, G. SRINIVASAPPA, R/O CHOWDAREDDY PALYA, CHINTAMANI CITY - 563 125.
…RESPONDENT
(RESPONDENT SERVED, BUT UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.08.2023 PASSED BY THE COURT OF PRL.CIVIL JUDGE AND J.M.F.C AT CHINTHAMANI IN C.C.NO.80/2020 (PCR NO.276/2019).
NC: 2024:KHC:2579 CRL.P No. 9205 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for setting aside the order dated 30.08.2023 passed by the Principal Civil Judge and JMFC, Chintamani in C.C. No.80/2020 whereby the trial Court has rejected the application filed by the petitioner under Section 311 of Cr.P.C. for calling D.W.2 for further examination.
which came to be dismissed by the trial Court. Hence, he is before this Court.
perused the records.
7. Accordingly, the petition is allowed.
The application filed by the petitioner under Section 311 of Cr.P.C is hereby allowed. The trial Court is directed to
summon D.W.2 and give opportunity for further cross examination, at the cost of Rs.3,000/- to D.W.2.
Office to intimate this order to the trial Court
telephonically.
Sd/JUDGE
CS List No.: 1 Sl No.: 56 CT:SK
1 issue framed by the court
Whether the trial court erred in rejecting the accused's application under Section 311 Cr.P.C. to recall D.W.2 for further examination.
4 provisions across 3 enactments
Sri. Muzamil Ahmed S/o Shaik Abdul Khalak @ Nawab
Sri. G. Srinivas and Sons Partnership Firm, represented by its partner, G. Srinivassappa
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
