Disposed¶36

Sri Shamsundar S v. Sri Govindaiah

Karnataka HC11 Dec 2025CRL.P/16252/2025

Case brief

AI extract

What is this about?

Karnataka High Court; CRL.P No. 16252 of 2025; NC: 2025:KHC:52667; Justice Mohammad Nawaz; Section 138 NI Act cheque dishonour case; C.C.No.8908/2021 III JMFC Mysore; Section 311 Cr.P.C recall of DW1; cross-examination recorded as 'not offered'; one more opportunity to accused for cross-examination; order dated 26.06.2025 set aside; trial court directed to fix date for cross-examination; petition filed u/s 482 Cr.PC / 528 BNSS; disposed of with IA.1/2025.

What did the court decide?

Impugned order dated 26.06.2025 of the III JMFC, Mysore in C.C.No.8908/2021 set aside; trial court directed to permit DW.1 to subject himself to cross-examination by the complainant by fixing a date; petition and IA.1/2025 disposed of. ¶36

Sri Shamsundar S Vs Sri Govindaiah — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶36

Issue for consideration

Whether the order dated 26.06.2025 of the III JMFC, Mysore in C.C.No.8908/2021 — under which DW1's cross-examination was recorded as 'not offered' and his Section 311 Cr.P.C request to recall DW1 was declined — should be set aside so that DW1 can be cross-examined by the complainant.

¶14

Court's answer

The learned Magistrate ought to have given the petitioner/DW1 one more opportunity to subject himself to cross-examination, in the interest of justice.

¶24

Ratio / Principle

The Order dated 26.06.2025 passed by the learned III JMFC, Mysore, in C.C.No.8908/2021 is set aside.

¶32

Key takeaways

The Trial Court is directed to permit DW.1 to subject himself for cross-examination by the complainant by fixing a date.ratio¶33
The petition is disposed of, and in view thereof IA.1/2025 also stands disposed of.ratio¶36

Detailed headnote1 paragraphs

Karnataka HC (Mohammad Nawaz, J.), Oral Order, 11.12.2025 — CRL.P No. 16252 of 2025 (NC: 2025:KHC:52667), filed u/s 482 Cr.PC / u/s 528 BNSS. In a Section 138 NI Act trial (C.C.No.8908/2021, III JMFC, Mysore), the petitioner/accused (DW1), having failed to properly answer a question during cross-examination by the complainant, had his cross-examination recorded by the Magistrate as 'not offered'; his Section 311 Cr.P.C application to recall DW.1 and reopen further cross-examination was not considered on the ground that he was not in a stage to answer the complainant's counsel's questions. Holding that the Magistrate ought to have given DW1 one more opportunity to subject himself to cross-examination in the interest of justice, the Court set aside the order dated 26.06.2025 and directed the trial court to permit DW.1 to be cross-examined by the complainant on a date to be fixed. Petition and IA.1/2025 disposed of.

¶1

¶2

NC: 2025:KHC:52667 CRL.P No. 16252 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF DECEMBER, 2025

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 16252 OF 2025

¶7

BETWEEN:

¶8

SRI SHAMSUNDAR S S/O LATE P H SHAMANNA, AGED ABOUT 76 YEARS, R/AT NO.126/A, 2ND MAIN, YADAVAGIRI EXTENSION, MYSORE-570020.

¶9

…PETITIONER

¶10

(BY SRI. GAURAV SUBRAMANYAM.,ADVOCATE)

¶11

AND:

¶12

Digitally signed by LAKSHMI T Location: High Court of Karnataka

¶13

SRI GOVINDAIAH S/O LATE THIMMAIAH AGED ABOUT 79 YEARS, R/AT NO.17, 1ST STAGE, ACHARI COLONY, BEHIND PETROL BUNK, GAYATHRIPURAM MYSORE CITY -570009.

¶14

…RESPONDENT THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DTD.26.06.2025 PASSED BY THE HON'BLE III JMFC COURT AT MYSORE IN C.C.NO.8908/2021 FOR THE OFFENCE P/U/S 138 OF NI ACT, DTD 22.07.2021 TO CROSS EXAMINE DW-1 IN C.C.NO.8908/2021 PENDING BEFORE III JMFC COURT AT MYSORE.

¶15

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

¶16

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

¶17

2 - NC: 2025:KHC:52667 CRL.P No. 16252 of 2025

¶18

HC-KAR

¶19

ORAL ORDER

¶20

The petitioner is seeking to set aside the Order dated

¶21

26.06.2025 passed by the learned III JMFC at Mysore in C.C.No.8908 of 2021.

¶22

Proceedings are pending before the trial Court in respect of an offence punishable under Section 138 of the N.I.Act wherein, the petitioner/accused (DW1), during his cross-examination conducted by the Complainant, since did not properly answer the question, the learned Magistrate took the cross-examination as, "not offered". Thereafter, Petitioner filed an application under Section 311 of Cr.P.C to recall DW.1 and to reopen the stage for further cross-examination. The said application was, however, not considered on the ground that, the petitioner

¶23

is not in a stage to answer the questions of the complainant's counsel.

¶24

Having perused the material on record, this Court is of the opinion that, the learned Magistrate ought to have given one more opportunity to the petitioner/DW.1 to

¶25

¶26

NC: 2025:KHC:52667 CRL.P No. 16252 of 2025

¶27

HC-KAR

¶28

subject himself for cross-examination, in the interest of

¶29

justice. Hence, the following order :

¶30

ORDER

¶31