Sri. Tejas Alias Mukesh v. B Hanumantha S/O Sanna Yankappa
Case brief
What is this about?
Karnataka High Court, Dharwad bench; CRL.P No. 104506 of 2025; decided 18-02-2026 by Justice V. Srishananda; NC: 2026:KHC-D:2550. Petitioner Tejas @ Mukesh (accused, through advocates Kavya S. Yalagi for H.N. Gularaddi) challenged rejection of his Section 91 CrPC application seeking summoning of GST details said to be maintained by the complainant, in Section 138 NI Act case C.C. No. 1065/2019 in P.C.R. No. 35/2019 (Civil Judge & JMFC, Sandur); impugned order dated 14.08.2025. Respondent B. Hanumantha served but absent. Petition DISMISSED: no interference, given accused's delay tactics (NBWs on at least a dozen occasions, adjournments, exemption petitions) and the Court's note that the respondent need not furnish proof to establish the accused's case. Statutes: S.482 CrPC; S.528 BNSS 2023; S.91 CrPC; S.138 NI Act. No precedents cited; no monetary amounts involved.
What did the court decide?
Having regard to the petitioner's conduct (proceedings of 2019 repeatedly delayed, non-bailable warrants issued on at least a dozen occasions, repeated adjournments and exemption petitions) and taking note that the respondent is not required to furnish any proof to establish the case of the accused, the Court found no good grounds to interfere with the trial court's order dismissing the Section 91 Cr.P.C. application.