Sri Rajanna J Vs M/S Fortitude Constructions — Cheque Dishonour | Karnataka HC (2026)

Sri Rajanna J Vs M/S Fortitude Constructions — Cheque Dishonour | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Quashing of the impugned order dated 17-11-2025; allowing of the Section 311 CrPC application with further cross-examination of the complainant to be concluded on 27-02-2026 itself (single opportunity, no adjournment); trial court directed to conclude proceedings within 4 weeks from 27-02-2026; I.A.No.1 of 2025 disposed.

Issue for consideration

Whether the order dated 17.11.2025 of the XVI Additional Chief Judicial Magistrate, Bengaluru in C.C.No.8973 of 2019, rejecting the petitioner/accused's application under Section 311 CrPC (filed five years after commencement of proceedings) for further cross-examination of PW1/complainant, should be set aside and the petitioner granted an opportunity of further cross-examination.

Court's answer

The criminal petition is allowed and the impugned order dated 17-11-2025 passed by the XVI Additional Chief Judicial Magistrate, Bengaluru in C.C.No.8973 of 2019 stands quashed.

Ratio / Principle

The application filed under Section 311 of the CrPC is allowed, and the petitioner shall conclude further cross-examination of the complainant on 27-02-2026 itself, the next date of listing before the concerned Court.

Key takeaways

The further cross-examination is the petitioner's only opportunity and shall be concluded on the same day without seeking any adjournment.ratio¶37
The concerned Court shall conclude the proceedings within 4 weeks from 27-02-2026, in accordance with law.ratio¶47

Detailed headnote1 paragraphs

High Court of Karnataka (M. Nagaprasanna J.) | CRL.P No. 16261 of 2025 | Decided 05-02-2026. Petitioner-accused (Sri Rajanna J.) in C.C.No.8973 of 2019, a Section 138 Negotiable Instruments Act prosecution instituted by respondent-complainant (M/s. Fortitude Constructions, represented by its proprietor Sri N. Kishore Kumar), filed the petition under Section 528 BNNS against the order dated 17-11-2025 of the XVI Additional Chief Judicial Magistrate, Bengaluru rejecting his application under Section 311 CrPC seeking further cross-examination of PW1/complainant - an application filed five years after commencement of proceedings and conceded by the respondent to be the first such application. HELD: one (final) opportunity granted - criminal petition allowed; impugned order quashed; Section 311 application allowed; further cross-examination of the complainant to be concluded on 27-02-2026 itself without adjournment; concerned Court directed to conclude the proceedings within 4 weeks from 27-02-2026; I.A.No.1 of 2025 disposed.

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NC: 2026:KHC:6801 CRL.P No. 16261 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 16261 OF 2025

BETWEEN:

SRI RAJANNA J., S/O LATE JANGAMAIAH, AGED ABOUT 58 YEARS, R/AT NO.10, GOPALAKRISHNA LAYOUT, SUBRAMANYAPURA POST, BENGALURU – 560 061.

…PETITIONER

(BY SRI RAGHAVENDRA A.V., ADVOCATE)

Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

AND:

M/S.FORTITUDE CONSTRUCTIONS NO.50-12/1, SRI VENKATESHWARA COMPLEX, 1^ST FLOOR, DR.VISHNUVARDHNA ROAD, UTTARAHALLI, SUBRAMANYAPURA POST, BENGALURU – 560 061. REPRESENTED BY ITS PROPRIETOR SRI N. KISHORE KUMAR S/O NARAYANA SWAMY, AGED ABOUT 36 YEARS.

…RESPONDENT

(BY SRI MAYUR D. BHANU.,ADVOCATE)

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NC: 2026:KHC:6801 CRL.P No. 16261 of 2025

HC-KAR

THIS CRL.P IS FILED U/S 528 BNNS PRAYING TO SET ASIDE THE ORDER DATED 17.11.2025 I.E., REJECTED THE RECALL APPLICATION U/S 311 OF CR.P.C., FILED BY THE PETITIONER WHICH IS PASSED BY THE HONBLE XVI ADDL.CJM AT BENGALURU IN CC NO.8973/2019.I

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioner is before this Court calling in question an order of the concerned Court which rejects the application filed under Section 311 of CrPC seeking further cross-examination of PW1/complainant.

Heard Sri Raghavendra A.V., learned counsel

appearing for petitioner and Sri Mayur D Bhanu, learned counsel appearing for respondent.

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NC: 2026:KHC:6801 CRL.P No. 16261 of 2025

HC-KAR

The petitioner is the accused, respondent the complainant. The two have a transaction. The transaction leads the complainant to the concerned Court for offence punishable under Section 138 of the Negotiable Instruments Act. The issue nonetheless is not with regard to the merit of the matter. The issue is with regard to an application that the petitioner/accused files 5 years after the commencement of the proceedings.

The learned counsel for the petitioner submits that the application was the first in line and should not have been rejected by the concerned Court on the score that it is only to drag the proceedings or there are no reasons in the application.

Learned counsel for the respondent though would put up vehement opposition for entertainment of the petition, would admit the fact that it was the first application that is filed.

In that light, I deem it appropriate to grant one opportunity to the petitioner on a particular day that the concerned Court would fix, making it clear that it would be the

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NC: 2026:KHC:6801 CRL.P No. 16261 of 2025

HC-KAR

only opportunity to the petitioner for further cross examination of the complainant. The further cross-examination shall be concluded on the same day without seeking any adjournment.

In the light of the issue being of the year 2019 in C.C.No.8973 of 2019, I deem it appropriate to direct the concerned Court to conclude the proceedings within 4 weeks from the date of cross examination of the parties.

For the aforesaid reasons, the following:

ORDER

(i) Criminal Petition is allowed.

(ii) Impugned order dated 17-11-2025 passed by the XVI Additional Chief Judicial Magistrate, Bengaluru in C.C.No.8973 of 2019 stands quashed.

(iii) The application filed under Section 311 of the CrPC is allowed. The petitioner shall conclude further cross-examination of the complainant on 27-02-2026 itself, since it is the next date of listing before the concerned Court.

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NC: 2026:KHC:6801 CRL.P No. 16261 of 2025

HC-KAR

(iv) The concerned Court shall conclude the proceedings within 4 weeks from 27-02-2026, in accordance with law.

Ordered accordingly.

Consequently, I.A.No.1 of 2025 stands disposed.

Sd/(M.NAGAPRASANNA)

JUDGE

BKP List No.: 1 Sl No.: 46