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Kuvempu P.U. College v. Smt. Anishitha S

Karnataka HC26 Nov 2025CRL.P/13460/2025

Case brief

AI extract

What is this about?

S.482 Cr.P.C. / S.528 BNSS petition; S.311 Cr.P.C. application to lead defence evidence rejected by JMFC Davanagere in S.138 NI Act case (C.C.No.2160/2023); rejection set aside; fair opportunity to defend; earlier cost-imposed opportunity unavailed; conditional permission with Rs.5,000 cost to complainant; no further adjournment; cross-examination of defence witness; Justice Mohammad Nawaz; CRL.P No.13460 of 2025.

What did the court decide?

Petition allowed; order dated 23.06.2025 in C.C.No.2160/2023 set aside; accused to appear before the trial Court within two weeks and is permitted to lead defence evidence with no further time to be granted; complainant free to cross-examine the defence witness; subject to cost of Rs.5,000/- payable to the respondent/complainant; pending IA No.1/2025 disposed of. ¶39

Kuvempu P.U. College Vs Smt. Anishitha S — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 23.06.2025 rejecting the petitioner/accused's application to lead defence evidence in C.C.No.2160/2023 should be set aside and the accused permitted to lead defence evidence. +1 more

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Court's answer

Although the earlier opportunity was allowed on cost and not availed, since the accused has not at all led any defence evidence, he must be given a reasonable opportunity to lead defence evidence to prevent miscarriage of justice.

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Ratio / Principle

The criminal petition is allowed.

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Key takeaways

The order dated 23.06.2025 passed in C.C.No.2160/2023 is set aside.ratio¶41
The accused shall appear before the trial Court within two weeks, and the learned Magistrate is directed to permit him to lead defence evidence by fixing a date, making it clear that no further time shall be granted.ratio¶43
The complainant shall be given an opportunity to cross-examine the defence witness if he intends to do so.ratio

Detailed headnote1 paragraphs

Criminal Petition (S.482 Cr.P.C. / S.528 BNSS) allowed. The High Court of Karnataka set aside the order dated 23.06.2025 of the II Addl. Senior Civil Judge & JMFC, Davanagere in C.C.No.2160/2023 (complaint under S.138 NI Act) rejecting the accused's application to lead defence evidence. Held: although an earlier identical application was allowed on cost and the accused neither paid the cost nor adduced evidence, moving afresh only at the arguments stage, the accused who has led no defence evidence at all must be given a reasonable opportunity to lead defence evidence to prevent miscarriage of justice. Defence evidence permitted on condition: accused to appear within two weeks; no further time shall be granted; complainant at liberty to cross-examine the defence witness; subject to cost of Rs.5,000/- payable to the complainant. Pending IA No.1/2025 disposed of.

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NC: 2025:KHC:49228 CRL.P No. 13460 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13460 OF 2025 (482(Cr.PC) / 528(BNSS))

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BETWEEN:

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KUVEMPU P.U. COLLEGE KORATAGERE TOWN KORATAGERE TALUK REPRESENTED BY ITS PRINCIPAL SRI. SIDDAPPA L.S. S/O SIDDALINGAPPA AGED ABOUT 54 YEARS

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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ADDITIONAL ADDRESS SRI. SIDDAPPA L.S. S/O NIJALINGAPPA AGED ABOUT 54 YEARS RESIDENT OF SIRA GATE NAGANNA PALYA, HEMAVATHI BLOCK, NEAR ARALIMARADA TUMKUR - 572 106.

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(BY SRI. DEVARAJA M.S, ADVOCATE)

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…PETITIONER

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AND:

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SMT. ANISHITHA S W/O SRI. SHIVAKUMARF K.R. AGED ABOUT 30 YEARS, SDA RESIDENT OF SHREE ESHWARA VINAYAKA TEMPLE, I MAIN, 2ND CROSS, SKS NAGARA DAVANAGERE - 577 005.

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…RESPONDENT

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(BY SRI. HAREESH BHANDARY T, ADVOCATE)

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NC: 2025:KHC:49228 CRL.P No. 13460 of 2025

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HC-KAR

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THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED II ADDL. SENIOR CIVIL JUDGE A ND JMFC, DAVANAGERE ON APPLICATION FILED U/S 311 OF THE CODE OF CRIMINAL PROCEDURE IN CC.NO.2160/2023 DATED 23.06.2025 AND PERMIT THE PETITIONER ON LEAD DEFENCE EVIDENCE BEFORE THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE IN CC.NO.2160/2023.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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The order dated 23.06.2025 passed by the Court of Second Additional Senior Civil Judge and JMFC, Davanagere, in C.C.No.2160/2023, rejecting the application filed by the petitioner/accused to lead defence evidence, is assailed in this petition.

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While rejecting the application, the learned Magistrate has observed that similar application filed by the accused was allowed on payment of cost and in spite

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NC: 2025:KHC:49228 CRL.P No. 13460 of 2025

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HC-KAR

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of that, neither the cost was paid nor he adduced evidence

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and only when the matter reached the stage of arguments, the accused has come up with the said application.

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The learned Magistrate while dismissing the application, has taken into consideration the conduct of the accused and observing that in order to delay the proceedings, he has filed the application.

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The matter pertains to the proceeding initiated

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by the respondent/complainant alleging an offence under Section 138 of the NI Act. It is true that the earlier application filed by the accused was allowed on imposition

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of cost and the opportunity was not availed by the accused. However, it is not in dispute that the accused has not at all led any defence evidence. The accused has to be given a reasonable opportunity to lead defence evidence to prevent miscarriage of justice. Hence, by imposing a reasonable cost on the accused, he may be

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4 - NC: 2025:KHC:49228 CRL.P No. 13460 of 2025

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HC-KAR

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directed to lead defence evidence. Accordingly, the following order:

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ORDER

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Petition is allowed .

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The order dated 23.06.2025 passed by the Court of Second Additional Senior Civil Judge and JMFC,

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Davanagere in C.C.No.2160/2023 is set aside.

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The accused shall appear before the trial Court within two weeks from today.

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The learned Magistrate is directed to permit the accused to lead defence evidence, by fixing a date, making it clear that no further time shall be granted.

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The complainant shall be given an opportunity to conduct the cross-examination of the defence witness, if he intends.

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NC: 2025:KHC:49228 CRL.P No. 13460 of 2025

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HC-KAR

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The above order shall be subject to payment of cost of Rs.5,000/- (Rupees five thousand only), which is

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payable to the respondent/ complainant.

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