Sri. S Vijayakumar v. Sri. Lokesh Murthy L G
Case brief
What is this about?
Karnataka HC (Bengaluru), CRL.P No. 3479 of 2025, decision 14-03-2025, Hemant Chandangoudar J. S.482 CrPC (S.528 BNSS) petition by complainant in S.138 NI Act case (CC No.9304/2021): cross-examination of DW1 treated as nil after one absence of complainant/counsel on 17.01.2025; recall application (S.311 CrPC / S.348 BNSS 2023) rejected by order 18.02.2025 of XXI Addl. Chief Judicial Magistrate; HC holds one occasion absence warrants another opportunity, no prejudice to accused; impugned order set aside, application allowed, cross-examination permitted on summoned date else trial to proceed per law.
What did the court decide?
Impugned order dated 18.02.2025 (CC No.9304/2021, XXI Addl. Chief Judicial Magistrate, Bengaluru) set aside; complainant's recall application under Section 311 Cr.P.C. allowed; petitioner permitted to cross-examine the respondent/accused (DW1) on the date he is summoned, failing which the trial Court to proceed in accordance with law.