The power of the Criminal Court under Section 311 of the CrPC to recall a witness is wide and discretionary, intended to be exercised to ensure that essential evidence is brought on record to reach a just decision and discover the truth, provided it is not abused for dilatory purposes.

CRIMINAL PETITION NO. 3683 OF 2026

C/W

CRIMINAL PETITION NO. 3560 OF 2026

IN CRL.P No. 3683/2026

BETWEEN:

SRI. NAGARAJU M,

S/O. MARASAPPA,

AGED ABOUT 53 YEARS,

RESIDING AT A.V.R. ROAD,

J.C. EXTENSION.

KANAKAPURA TOWN,

BENGALURU SOUTH DISTRICT - 562 117.

…PETITIONER

(BY SRI. MAHESHA N C., ADVOCATE)

AND:

SRI. KIFAYATHUALLA SHERIFF,

S/O. RAHIM SHERIFF,

AGED ABOUT 43 YEARS,

SILK MERCHANT, MELEKOTE,

KANAKAPURA TOWN,

BENGALURU SOUTH DISTRICT - 562 117.

…RESPONDENT

(BY SMT. RAJESHWARI M., ADVOCATE)

THIS CRL.P. IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 21.02.2026 IN C.C.NO.219/2012 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC, AT KANAKAPURA AND ALLOW THE APPLICATION FILED BY THE PETITIONER U/S 311 OF CRPC BY RECALLING THE DW-1 FOR THE FURTHER DEFENCE SIDE EVIDENCE.

IN CRL.P NO. 3560/2026

BETWEEN:

SRI. NAGARAJU M,

S/O. MARASAPPA,

AGED ABOUT 53 YEARS,

RESIDING AT A.V.R. ROAD,

J.C. EXTENSION,

RAMANAGARA DISTRICT,

(BENGALURU SOUTH) - 562 117.

...PETITIONER

(BY SRI. MAHESHA N C., ADVOCATE)

AND:

SRI. IRSHADULLA SHARIFF,

S/O. RAHIM SHERIFF,

AGED ABOUT 49 YEARS,

SILK MERCHANT,

MELEKOTE,

KANAKAPURA TOWN,

RAMANAGARA DISTRICT,

(BENGALURU SOUTH) - 562 117.

...RESPONDENT

(BY SMT. RAJESHWARI M., ADVOCATE)

THIS CRL.P. IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 21.02.2026 IN C.C.NO.219/2012 PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC, AT KANAKAPURA AND ALLOW THE APPLICATION FILED BY THE PETITIONER U/S 311 OF CRPC BY RECALLING THE DW-1 FOR THE FURTHER DEFENCE SIDE EVIDENCE.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner, common in both these petitions, is before this Court seeking the following prayer:

"In Crl.P.No.3683/2026:

a) Call for the records from the Hon'ble III Additional Civil Judge and J.M.F.C, at Kanakapura in related C.C.No.219/2012.

b) Set aside the order dated 21-02-2026 in C.C.No.219/2012 passed by III Additional Civil Judge and J.M.F.C., at Kanakapura and allow the application filed by the Petitioner U/s 311 of Cr.P.C. by recalling the DW-1 for the further defense side evidence in the ends of justice.

c) Pass any other order/s as deemed fit by this Hon'ble Court in the facts and circumstances of the case in the ends of justice.

In Crl.P.No.3560/2026:

a) Call for the records from the Hon'ble III Additional Civil Judge and J.M.F.C, at Kanakapura in related C.C.No.82/2013.

b) Set aside the order dated 21-02-2026 in C.C.No.82/2013 passed by III Additional Civil Judge and J.M.F.C., at Kanakapura and allow the application filed by the Petitioner U/s 311 of Cr.P.C. by recalling the DW-1 for the further defense side evidence in the ends of justice.

c) Pass any other order/s as deemed fit by this Hon'ble Court in the facts and circumstances of the case in the ends of justice."

2. Heard the learned counsel Sri. Mahesha N.C. appearing for the petitioner and the learned counsel Smt. Rajeshwari M, appearing for the respondents in both these petitions and have perused the material on record.

3. The issue is with regard to the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). A transaction of Rs.2 lakhs that happens in 2012 is still subsisting before the concerned Court. The issue now is not with regard to the merit of the matter, but with regard to two applications filed under Section 311 of the Cr.P.C. to mark certain documents by recalling DW-1. The concerned Court has rejected the same on the score that it is only a ruse to drag the proceedings.

4. The learned couns