Loading judgment…
No AI summary yet for this case.
- 1 -
HC-KAR NC: 2025:KHC:21177 CRL.P No. 40 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 40 OF 2025
BETWEEN:
M/S. SAI BABA MANDI KRISHNAPPA AND SONS (FRUITS AND VEGETABLES MERCHANT) RMC YARD (APMC YARD) YESHWANTHAPURA, BENGALURU, REP BY ITS PROPRIETOR, SRI.KRISHNAPPA M., S/O MUNISWAMY AGED ABOUT 52 YEARS
SRI. KRISHNAPPA M., S/O MUNISWAMY AGED ABOVE 52 YEARS PROPRIETOR OF M/S. SAI BABA MANDI R/AT NO.13, 9TH CROSS, CHOWDESHWARINAGAR, LAGGERE, BENGALURU - 560058 …PETITIONERS
(BY SRI. H.B. RUDRESH, ADVOCATE)
AND:
SRI. THIMMARAJ GOWDA S/O LATE RAJU AGED ABOUT 43 YEARS R/AT NO.117/1A, 1ST CROSS, NEAR MES CONVENT
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:21177 CRL.P No. 40 of 2025
PEENYA 2ND STAGE BENGALURU - 560058 …RESPONDENT (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 (FILED UNDER SECTION 528 OF THE BHARATIYA NYAYA SANHITA (BNS), 2023), PRAYING TO QUASH THE ORDER DATED 26.11.2024 IN C.C.NO.26821/2019 PENDING ON THE FILE OF THE XX ADDITIONAL CHIEF JUDICIAL MAGISTRATE 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 Nos.1 and 2 in C.C No.26821/2019 is directed against the impugned order dated 26.11.2024 whereby the applications filed by the petitioners under Sections 311 and 91 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') were rejected by the Trial Court. 2. Heard the learned counsel for the petitioners and the learned counsel for the respondent. 3. A perusal of the material on record will indicate that the respondent / complainant instituted the aforesaid proceedings against the petitioners / accused Nos.1 and 2 for the alleged
- 3 -
HC-KAR NC: 2025:KHC:21177 CRL.P No. 40 of 2025
offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The said proceedings having been contested by the petitioners, the respondent examined himself as PW.1, who adduced documentary evidence. On behalf of the petitioners, petitioner No.2 examined himself as DW.1 and was cross-examined by the learned counsel for the respondent. At the stage of final arguments, the petitioners filed two applications viz., application under Section 311 of Cr.P.C. for a direction to summon the charge sheeted Chartered Accountant and application under Section 91 of Cr.P.C. to summon documents from the Income Tax Authorities. It was contended that the documents pertaining to the respondent / complainant were in the custody of the Income Tax Department and the documents and the evidence of the Chartered Accountant of the respondent are relevant and necessary for the purpose of adjudication of the dispute between the parties. The said applications having been opposed by the respondent / complainant, the Trial Court proceeded to pass the impugned order rejecting both the applications. Aggrieved by it, the petitioners are before this Court by way of the present petition.
- 4 -
HC-KAR NC: 2025:KHC:21177 CRL.P No. 40 of 2025
A perusal of the impugned order will indicate that the Trial Court has proceeded on the basis that it is for the respondent / complainant to prove his case based on the evidence already adduced by him and it is for the petitioners / accused Nos.1 and 2 to rebut the claim of the respondent and as such, the oral evidence of the Chartered Accountant and the documentary evidence sought to be summoned from the Income Tax Department were not relevant or material for the purpose of adjudication of the proceedings. In this context, the Trial Court failed to consider and appreciate the specific contention of the petitioners that the respondent could not have financial capacity or amounts to pay the cheque amount of Rs.25,00,000/- to the petitioners and that the documents relating to the Income Tax Returns of the respondent / complainant marked as Exs.P9 to P21 had to be tested by summoning the original documents and as such, it was necessary to provide an opportunity to both the parties to put forth their respective contentions by summoning the original records from the Income Tax Department and to examine the Chartered Accountant for the purpose of effective and proper adjudication of the issues in controversy between the parties. At any rate, since the respondent
- 5 -
HC-KAR NC: 2025:KHC:21177 CRL.P No. 40 of 2025
would have an opportunity to adduce oral and documentary evidence in relation to his Chartered Accountant, who is to be summoned as well as the documents sought to be summoned from the Income Tax Department, it cannot be said that any prejudice would be caused to the respondent if the instant applications were allowed. Consequently, I am of the view that the impugned order passed by the Trial Court deserves to be set aside and applications filed by the petitioners / accused Nos.1 and 2 deserve to be allowed by issuing directions to the Trial Court. 5. In the result, I pass the following:- ORDER
(i) The Petition is hereby allowed. (ii) The impugned order dated 26.11.2024 passed by the XX Additional Chief Judicial Magistrate, Bengaluru City, in C.C. No.26821/2019 is hereby set aside.
- 6 -
HC-KAR NC: 2025:KHC:21177 CRL.P No. 40 of 2025
(iii) The applications filed by the petitioners / accused Nos.1 and 2 under Sections 91 and 311 of Cr.P.C. are allowed. (iv) The Trial Court before whom the proceedings are posted on 30.06.2025 is directed to issue summons to both the Income Tax Department as well as to the Chartered Accountant at the addresses furnished by the petitioners / accused Nos.1 and 2 on the date of hearing i.e., 30.06.2025. (v) The Trial Court shall summon the Chartered Accountant and procure / secure the records from the Income Tax Department and proceed further and dispose of the proceedings within a period of four months from 30.06.2025. (vi) The petitioners are also directed to examine / cross-examine the Chartered Accountant on the date he appears before the Trial Court.
- 7 -
HC-KAR NC: 2025:KHC:21177 CRL.P No. 40 of 2025
(vii) Both the parties are directed to examine / cross-examine the Chartered Accountant on the date he appears before the Trial Court.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SMA List No.: 1 Sl No.: 28