IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1656 OF 2025 BETWEEN:

SRI. K R SHIVAKUMAR, S/O LATE RANGAPPA AGED ABOUT 44 YEARS, R/AT NO.101, PROP NO.115 SLN RESIDENCY RMV 2ND STAGE

6TH CROSS NAGARASHETTYHALLI, BALAJI LAYOUT RING ROAD, BANGALORE- 560094 …PETITIONER (BY SRI. HARISH KUMAR M.T., ADVOCATE)

AND:

SRI SRINIVAS S/O LATE VENKATESHAPPA AGED 47 YEARS R/AT NO.46, GANTAGANAHALLI SINGANAYAKANAHALLI YELHANKA BANGALORE- 560064 …RESPONDENT Digitally signed by THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE VANAMALA N ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE Location:

HIGH COURT MAY BE PLEASED TO A. SET ASIDE THE ORDER DATED COURT OF KARNATAKA 31.07.2023 PASSED BY THE VI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BANGALORE IN C.C NO. 20/2020, BY ALLOWING THE APPLICATION FILED BY THE RESPONDENT U/S 311 AND 91 OF CR.P.C.B. SET ASIDE THE ORDER DATED 31.07.2023 IN C.C NO. 20/2020, PASSED BY THE LEARNED VI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BANGALORE, AND ORDER DATED 30.12.2023 PASSED IN CRL. REV.PET. NO. 573/2023 PASSED BY HONBLE LXI CITY CIVIL AND SESSIONS JUDGE, (CCH-60), AT BENGALURU.

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

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

ORAL ORDER

This petition by the accused in C.C.No.20/2020 is directed against the impugned order dated 31.07.2023 passed by the VI Additional Small Causes Judge and ACMM, Bengaluru, whereby the applications filed by the complainant/respondent under Sections 311 and 91 of Cr.P.C. for permission to recall PW.1 and for producing additional documents were allowed by the trial Court.

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

3. A perusal of the material on record will indicate that the aforesaid proceedings instituted by the respondent/complainant against the petitioner under Section 138 of Negotiable Instruments Act, 1881, after completion of evidence of PW.1, respondent filed two applications viz. under Sections 311 and 91 of Cr.P.C. for permission to recall PW.1 and for producing additional documents. The said applications having been opposed by the respondent, trial Court passed the impugned order allowing the applications by holding as under:

ORDERS ON APPLICATION FILED U/SEC.311 and U/Sec.91 OF CR.P.C. Dated:25.03.2023

01. The complainant has filed two applications under Sec.311 and separate application U/Sec.91 of Cr.P.C. seeking permission to recall P.W.1 for the purpose of marking the additional documents in further examination-in-

chief of Pw:1 and to produce additional documents.

02. It is contended in the application that, the accused had agreed to carry out the construction work for the complainant and in this regard, he paid Rs.1,75,00,000/- to the accused. The accused has not done any construction work in Site No.3 of Kodihalli Village. Therefore, accused issued cheques in question in favor of complainant.

2.1 It is contended that, at the time of recording of chief-examination of P.W.1, some of the documents were not available with him and therefore, the same were not produced at the initial stage of the case. Now, the case was listed for cross-examination of P.W.1. It is contended that, complainant got some relevant documents i.e., sale deeds, gift deed, Bank Statements, RTC Extract, Electricity license, Conversion order, Tax paid Receipts, Contract Agreement, Estimation of construction work in support of his case and they were secured recently from the concerned department. With these averments, he prays to allow the application.

03. The learned counsel for the accused has filed separate objections to the above applications, contending that, the applications are not maintainable. Sec.91 Cr.P.C. is related to issuance of summons to produce documents or other things. The accused has cross-examined the complainant in detail.

3.1 The present application