Allowed

Mr a Narayana Shabaraya v. Niddodi Credit Corporation

Karnataka HC30 Jan 2024WP/431/2024

Case brief

AI extract

What is this about?

Accused in a cheque dishonour case challenged rejection of his application to recall the complainant (PW1) for further cross-examination. The High Court held fair trial under Article 21 required allowing recall despite non-challenge of an earlier rejection, set aside both orders and permitted further cross-examination on costs.

What did the court decide?

Petition allowed; orders dated 24.01.2023 and 12.12.2023 set aside; Section 311 application allowed; PW1 to be recalled for further cross-examination at cost of Rs.5,000.

Mr a Narayana Shabaraya Vs Niddodi Credit Corporation — Cheque Dishonour | Karnataka HC (2024)

¶1

NC: 2024:KHC:4097 WP No. 431 of 2024

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 30^TH DAY OF JANUARY, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE K.NATARAJAN

¶7

WRIT PETITION NO. 431 OF 2024 (GM-RES)

¶8

BETWEEN:

¶9

MR A NARAYANA SHABARAYA S/O ANANTHA SHABARAYA AGEDA BOUT 62 YEARS R/AT HURULIMAJALU HOUSE KDABA TAUK, NELLIYADI POST DAKSHINA KANNADA 574198

¶10

…PETITIONER

¶11

(BY SMT SHARADI S SHETTY, ADVOCATE)

¶12

AND:

¶13

Digitally signed by V KRISHNA Location: High Court of Karnataka

¶14

NIDDODI CREDIT CORPORATION NINAN COMPLEX, NELLYADI POST PUTTUR TALUK, D K DIST 574229 REP BY ITS PROPRIETOR SRI K RAVINDRA PRABHU S/O GOVARDHAN PRABHU, AGED 55 YEARS R/AT NO 34, NEKKILAYD VILLGE PUTTUR TALUK, D K DIST 574325

¶15

…RESPONDENT

¶16

THIS WP IS FILED PRAYING TO QUASH ORDER DT 12/12/2023 PASSED IN C.C. NO. 352/2013 BY COURT OF PRL CIVIL JUDGE & JMFC, PUTTUR ON APPLICATION FLED U/S 311 CR.P.C. & CONSEQUENTLY ALLOW THE APPLICATION FILED U/S 311 CR.P.C., ETC.,

¶17

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

¶18

¶19

NC: 2024:KHC:4097 WP No. 431 of 2024

¶20

ORDER

¶21

Looking to the facts and circumstances of the case issuance of notice to respondent is dispensed with.

¶22

This petition is filed by the petitioner under Section

¶23

482 of Cr.P.C. for setting aside the order of rejection of the application filed by the petitioner under Section 311 of Cr.P.C. on 12.12.2023 in CC No.352.2013 by the Court of Principal Civil Judge & JMFC, Puttur on an and consequently, to allow the said application.

¶24

Heard the learned counsel for petitioner. Perused

¶25

the records.

¶26

The case of the petitioner is that petitioner initiated the criminal proceedings for the offence punishable under Section 138 of Negotiable Instruments Act, on the complaint made by the respondent. The evidence of the Complainant has been examined as PW1 and further examination is also done. The petitioner moved an application for recalling the PW1 for further cross-examination, which came to be dismissed on 24.01.2023 and subsequently, after examining another witness, the petitioner filed one more application on 12.12.2023, for recalling the PW1, which came to be dismissed

¶27

¶28

NC: 2024:KHC:4097 WP No. 431 of 2024

¶29

on the ground that the earlier application has already been dismissed and hence the second application is not maintainable, which order is under challenge.

¶30

Having heard the arguments of the learned counsel for petitioner and on perusal of the records, of course, fair trial is guaranteed under Article 21 of the Constitution of India. Though the petitioner has not challenged the earlier order dated 24.01.2023 that itself is not a ground to reject the subsequent application filed by the petitioner under Section 311 Cr.P.C. to recall the PW1 for further cross-examination. However, under the facts and circumstances of the case in order to provide an opportunity to the petitioner to further cross-examination the PW1, it is necessary to recall the PW1. Accordingly, the following order:

¶31

ORDER

¶32

(1) The petition is allowed.;

¶33

(2) The order of rejection dated 24.01.2023 and 12.12.2023, are hereby set aside.;

¶34

(3) The application filed by the petitioner under Section 311 Cr.P.C. to recall the PW1 for further cross-examination, is allowed.;

¶35

4 - NC: 2024:KHC:4097 WP No. 431 of 2024

¶36

(4) The petitioner is permitted to further crossexamine PW1, at the costs of Rs.5,000/payable to the Complainant.;

¶37

(5) It is needless to observe that when PW1 present, the learned counsel for accused shall not take any adjournment. If any further adjournment is sought the trial Court shall impose costs of Rs.2,500/- per adjournment.;

¶38

(6) The trial Court is directed to dispose of the matter within three months as this is oldest matter.

¶39

Sd/JUDGE

¶40

¶41

List No.: 1 Sl No.: 26

Mr a Narayana Shabaraya v. Niddodi Credit Corporation

Case brief

What is this about?

What did the court decide?

Mr a Narayana Shabaraya v. Niddodi Credit Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri. Girish. M. S. Vs the State of Karnataka

Sriramappa Vs State by Srinivasapura Police Station

Manish Kumar Sethia Vs State by Doddaballapura

Bhaskar a v Vs the State of Karnataka

Sri Dasegowda Vs the State of Karnataka

M/S Econwin Constructions Vs Sri Santhosh Kumar O