CRL.RP/685/2026 of SRI MOHANKUMAR B Vs SRI RUDRESH K N on 9 July 2026

JUDGMENT

OF CONVICTION DATED 15.02.2020 VIDE ANNEXURE-B PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC AT RAMANAGARA IN C.C.NO.879/2019 FOR THE OFFENCES P/U/S 138 OF N.I ACT AND ALTERNATIVELY TO REMAND THE MATTER TO THE TRIAL COURT FOR FRESH TRIAL, PERMITTING THE PETITIONER TO CROSS-EXAMINE PW1 AND LEAD DEFENCE EVIDENCE.

IN CRL.RP NO. 686/2026:

BETWEEN:

1. SRI MOHANKUMAR B S/O BHADREGOWDA, AGED ABOUT 29 YEARS, R/AT. NO.35, BOREHALLI VILLAGE, GONAKAL POST, BIDADI HOBLI,

RAMANAGARA DISTRICT, RAMANAGARA-562109. ...PETITIONER (BY SRI. PRAKASH T., ADVOCATE)

AND:

1. SRI LAKSHMAN S/O LATE RANGAIAH, AGED ABOUT 30 YEARS, R/AT KETHIGANAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT, RAMANAGARA-562109. ...RESPONDENT (BY SRI. B.V. KRISHNAPPA, ADVOCATE)

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THIS CRL.RP IS FILED U/S 397 R/W 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE

JUDGEMENT

DATED 10.03.2026 VIDE ANNEXURE-A DISMISSING CRL.A.NO.24/2020 AND ALSO TO SET ASIDE THE JUDGEMENT OF CONVICTION DATED 15.02.2019 VIDE ANNEXURE-B PASSED BY THE ADDITIONAL CIVIL JUDGE AND JMFC, AT RAMANAGARA IN CC.NO.881/2019, FOR THE OFFENCE P/U/S 138 OF N.I ACT AND ALTERNATIVELY TO REMAND THE MATTER TO THE TRIAL COURT FOR FRESH TRIAL, PERMITTING THE PETITIONER TO CROSS-EXAMINE PW-1 AND LEAD DEFENCE EVIDENCE.

IN CRL.RP NO. 687/2026:

BETWEEN:

1. SRI. MOHANKUMAR. B., S/O BHADREGOWDA, AGED ABOUT 32 YEARS, R/AT. NO.35, BOREHALLI VILLAGE, GONAKAL POST, BIDADI HOBLI,

RAMANAGARA DISTRICT, RAMANAGARA-562109. ...PETITIONER

(BY SRI. PRAKASH T., ADVOCATE)

AND:

1. SRI. GIRISH.S S/O SHIVANNA, AGED ABOUT 36 YEARS, R/AT NO.40, MIG 2, KARNATAKA HOUSING BOARD COLONY, BIDADI TOWN AND HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT, RAMANAGARA-562109. ...RESPONDENT

HC-KAR

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO SET ASIDE THE

JUDGMENT

DATED 10.03.2026 VIDE ANNEXURE-A DISMISSING CRL.A.NO.23/2020 AND ALSO SET ASIDE THE JUDGMENT OF CONVICTION DATED 15.02.2020 VIDE ANNEXURE-B PASSED BY THE ADDITIONAL CIVIL JUDGE AND J.M.F.C AT RAMANAGARA IN C.C.NO.863/2019 FOR THE OFFENCE P/U/S 138 OF N.I ACT AND ALTERNATIVELY TO REMAND THE MATTER TO THE TRAIL COURT FOR FRESH TRIAL, PERMITTING THE PETITIONER TO CROSS-EXAMINE PW-1 AND LEAD DEFENCE EVIDENCE.

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

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL ORDER

Crl.R.P.Nos.685/2026, 686/2026 and 687/2026 are taken up together, since the petitioner/accused is one and the same and the complainants are different in all the three cases.

2. In the cases on hand, proceedings are initiated under Section 138 of N.I. Act and before the Trial Court, when the opportunity was given to cross-examine P.W.1, he was not cross-examined in all the cases and even there was no defence evidence.

3. Learned counsel appearing for the petitioner would submit that an opportunity may be given to the petitioner/accused to cross-examine P.W.1 by remanding the

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matters. But, the Court has to take note of the fact that C.C. cases are of the year 2019 which are disposed of in the year 2020 and appeals are disposed of after almost 6 years, though the same are filed in 2020 i.e., on 10.03.2026.

4. Having taken note of the fact that inspite of an opportunity was given, the petitioner has not cross-examined the witness and considering that C.C. cases are of the year 2019 and complainants are different, but petitioner is one and the same in all the three cases, it is appropriate to set aside the order of Trial Court and First Appellate Court and remand the matters for fresh consideration by imposing cost of Rs.50,000/- each in Crl.R.P.Nos.685/2026 and 686/2026 and Rs.1,00,000/- in Crl.R.P.No.687/2026 payable by the petitioner to the respective respondents/complainants on the date of first appearance before the Trial Court and only on payment of cost of Rs.50,000/- each in Crl.R.P.Nos.685/2026 and 686/2026 and Rs.1,00,000 in Crl.R.P.No.687/2026, the Trial Court is directed to proceed with the matters or otherwise the judgments of both Courts would attain its finality.

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5. Considering the C.C. cases are the year 2019, the Trial Court is directed to dispose of the same within a period of three months from the date of first appearance before the Trial Court, since almost 7 years have been elapsed by filing a complaint under Section 138 of N.I. Act.

6. The stage before the Trial Court is also for cross- examination of P.W.1 and after cross examination, defence evidence of the petitioner can be led, if he chooses to do so before the Trial Court.

7. The parties are directed to appear before the Trial Court on 27.07.2026 and from the said date, Trial Court is directed to dispose of the matters within three months. The respective counsel and parties are directed to assist the Trial Court in disposal of the matter within a time bound period as directed by this Court and not to expect any notice from the Trial Court and shall voluntarily appear before the Court on that date. Accordingly, the revision petitions stand disposed of.

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The Registry is directed to send the records, forthwith to the Trial Court, to enable the Trial Court to take up the matter on 27.07.2026.

Sd/- (H.P.SANDESH) JUDGE

ST List No.: 1 Sl No.: 30