Mrs. Franzy Gonsalves Vs Mr. Tabraiz Sheriff Shaikh — Cheque Dishonour | Karnataka HC (2025)

Mrs. Franzy Gonsalves Vs Mr. Tabraiz Sheriff Shaikh — Cheque Dishonour | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of by consent-based directions: Trial Court order dated 05.06.2025 in C.C.No.60549/2024 set aside; petitioner permitted to cross-examine PW-1 on 14.07.2025 as a last/final chance without adjournments; petitioner to file memo for unconditional withdrawal of Crl.R.P.No.25051/2025; failing cross-examination on 14.07.2025, the order stands automatically recalled and the petition stands dismissed without reference to the bench.

Issue for consideration

Whether the Trial Court's order dated 05.06.2025 in C.C.No.60549/2024 rejecting the petitioner's application to recall PW-1 for cross-examination should be set aside and the petitioner permitted to cross-examine PW-1.

Court's answer

The impugned order dated 05.06.2025 passed in C.C.No.60549/2024 (rejecting the application to recall PW-1) is set aside.

Ratio / Principle

The petitioner's application to recall PW-1 is allowed and the petitioner is permitted to cross-examine PW-1, subject to conducting the cross-examination on 14.07.2025 as a last/final chance without seeking any adjournments under any circumstances.

Key takeaways

The petitioner is directed to file an appropriate memo in Crl.R.P.No.25051/2025 seeking unconditional withdrawal of the revision petition pending before the Sessions Court.ratio¶42
In the event the petitioner does not cross-examine PW-1 on 14.07.2025, the present order shall stand automatically recalled and the present petition shall be dismissed without reference to the bench.ratio¶49
All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

Detailed headnote1 paragraphs

High Court of Karnataka (S.R. Krishna Kumar, J.) — Criminal Petition No. 8791 of 2025 filed under S.482 Cr.PC / S.528 BNSS by the accused in C.C.No.60549/2024 (offence under S.138 NI Act) challenging the revisional Court's refusal (order dated 18.06.2025 in Crl.R.P.No.25051/2025) to grant an ex parte stay. On instructions, petitioner's counsel undertook to cross-examine PW-1 on 14.07.2025 as a last/final chance without adjournment and to unconditionally withdraw the revision petition; respondent's counsel raised no objection to setting aside the Trial Court's order dated 05.06.2025 rejecting recall of PW-1. The Court disposed of the petition: the order dated 05.06.2025 was set aside, the application to recall PW-1 was allowed with cross-examination fixed for 14.07.2025 as a last/final chance without adjournments, the petitioner was directed to file a memo for unconditional withdrawal of Crl.R.P.No.25051/2025, and it was directed that upon failure to cross-examine PW-1 on 14.07.2025 the order shall stand automatically recalled and the petition dismissed without reference to the bench. All rival contentions kept open.

1 -

NC: 2025:KHC:24202 CRL.P No. 8791 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

CRIMINAL PETITION NO. 8791 OF 2025 (482(Cr.PC) / 528(BNSS)

BETWEEN:

MRS. FRANZY GONSALVES AGE ABOUT 37 YEARS W/O HAMILTON FERNANDES, HOUSE NO.401, MOBOR, CAVELOSSIM, GOA – 403 731

…PETITIONER

(BY SRI. PRUTHVEEN PRALHAD KATTIMANI, ADVOCATE)

AND:

MR. TABRAIZ SHERIFF SHAIKH, S/O SHERIF SHAIKH, AGED ABOUT 44 YEARS, R/AT NO.73, 2^ND FLOOR, 3^RD CROSS, GREY BUILDING, BANGALORE – 560 062

Digitally signed by CHANDANA B M Location: High Court of Karnataka

…RESPONDENT

(BY SMT. CHANVI MADAPPA, ADVOCATE)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO MODIFY THE ORDER MADE BY LXXIII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYOHALL, BENGALURU IN REVISION PETITION BEARING CRL.RP.NO.25051/2025 AND SUBSEQUENTLY STAY FURTHER PROCEEDINGS IN C.C.NO.60549/2024 ON THE FILE OF THE XIV ADDL. CMM, MAYOHALL BENGALURU FOR OFFENCES U/S 138 AND 139 OF NI ACT.

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

2 -

NC: 2025:KHC:24202 CRL.P No. 8791 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the appellant in Criminal Revision Petition in Crl.R.P.No.25051/2025 is directed against the impugned order dated 18.06.2025, whereby the revisional Court refused the said proceedings in C.C.No.60549/2024 pending before the Trial Court.

Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

A perusal of the material on record will indicate that the respondent-complainant filed the instant C.C.No.60549/2024 against the petitioner for the offences punishable under Section 138 of Negotiable Instruments Act, 1881. The said petition having been contested by the petitioner-accused, the respondent examined himself as PW-1, who was not cross examined by the petitioner, who filed an application seeking recalling of PW-1 for cross examination, which was rejected by the Trial Court vide order dated 05.06.2025. Aggrieved by the said order dated 05.06.2025, the petitioner herein has preferred Crl.R.P.No.25051/2025 in which he sought for stay of all further proceedings in C.C.No.60549/2024 before the Trial Court. By the impugned order, the revisional Court

3 - NC: 2025:KHC:24202 CRL.P No. 8791 of 2025

HC-KAR

directed issuance of notice of the petition as well as on I.A.No.1 to the respondent, thereby declining to grant exparte order of stay in favour of the petitioner, who is before this Court by way of the present petition.

Learned counsel for the petitioner on instructions submits that if the order dated 05.06.2025 passed by the Trial Court in C.C.No.60549/2024 to recall PW-1 is set aside and petitioner is permitted to cross examine PW-1, petitioner would cross examine PW-1 on 14.07.2025 as a last/final chance without taking unnecessary adjournment before the Trial Court. It is also submitted that the petitioner is permitted to cross examine PW-1 as stated supra, petitioner would unconditionally withdraw Crl.R.P.No.25051/2025.

Per contra, learned counsel for respondent on instructions would submit that, respondent has no objection for order dated 05.06.2025 to be set aside in C.C.No.60549/2024 and the petitioner may be permitted to cross examine PW-1 subject to the condition that the petitioner does not take any adjournment on that day i.e., 14.07.2025 under any circumstances, whatsoever.

4 -

NC: 2025:KHC:24202 CRL.P No. 8791 of 2025

HC-KAR

In view of the aforesaid facts and circumstances of the

case, I deem it just and appropriate to dispose of this petition by issuing certain directions.

In the result, I proceed to pass the following:

ORDER

i) The petition is hereby disposed of.

ii) The impugned order dated 05.06.2025 passed in C.C.No.60549/2024 is hereby set aside.

iii) Application filed by the petitioner to recall PW-1 is hereby allowed and petitioner is permitted to cross examine PW-1 subject to the condition that the petitioner shall conduct cross examination of PW-1 on 14.07.2025 as a last/final chance without seeking any adjournments under any circumstances, whatsoever.

iv) The petitioner is directed to file appropriate memo in Crl.R.P.No.25051/2025 seeking unconditional withdrawal of the said revision petition pending before the Sessions Court.

5 -

NC: 2025:KHC:24202 CRL.P No. 8791 of 2025

HC-KAR

v) It is further made clear and directed that in

the event petitioner does not cross examine PW-1 on

14.07.2025 as stated supra, the present order shall

stand automatically recalled and the present petition shall be dismissed without reference to the bench.

All rival contentions on all aspects of the matter are kept

open and no opinion is expressed on the same.

Sd/(S.R.KRISHNA KUMAR) JUDGE

MDS List No.: 1 Sl No.: 24