Karnataka High Court
Sri Chinnaswamy vs Sri N Babu Reddy on 1 August, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:29932
CRL.P No. 9232 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.9232 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI CHINNASWAMY
S/O LATE ANTHONAPPA,
AGED ABOUT 59 YEARS,
DIRECTOR, CSS DEVELOPERS
SRI KOUNDINYA
NO.L-54, 2ND FLOOR, 2ND 'B' MAIN
VI STREET, HSR LAYOUT
BENGALURU - 560 102.
AND ALSO AT:
# 300, 7TH MAIN,
13TH CROSS, 6TH SECTOR, H.S.R. LAYOUT
BENGALURU - 560 102.
...PETITIONER
(BY SRI. MANJUNATH B.N., ADVOCATE)
Digitally signed
by CHANDANA AND:
BM
Location: High SRI N BABU REDDY
Court of S/O LATE SRI NARAYANA REDDY
Karnataka
AGED ABOUT 52 YEARS,
NO.44/8, ASHWAEWATHAPPA APARTMENT,
SADHASHIVANAGARA,
ANEKAL ROAD, ATHIBELE,
BENGALURU - 562 107.
...RESPONDENT
(BY SRI. HARISH KUMAR M.S., ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO SET ASIDE THE ORDER DATED 23.06.2025 ON THE
APPLICATION FILED UNDER SEC.91 OF THE CODE OF CRIMINAL
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NC: 2025:KHC:29932
CRL.P No. 9232 of 2025
HC-KAR
PROCEDURE, FILED BY THE PETITIONER SUMMONING THE
DOCUMENTS IN C.C.NO.25994/2016 ON THE FILE OF XXII A.C.J.M
BENGALURU (ANNEXURE-A) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, 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.25994/2016 is directed against the impugned order dated 23.06.2025, whereby the application filed by the petitioner - accused under Section 91 Cr.P.C. seeking summoning of the certified copy of the Gift Deed dated 20.11.2004 and a direction to the Income Tax Authorities to produce PAN Card signature records, was rejected by the XXII Addl. Chief Judicial Magistrate, Bengaluru.
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that respondent is the complainant in the impugned proceedings filed under Section 138 of Negotiable Instruments Act, in which the petitioner is an accused. After completion of evidence of -3- NC: 2025:KHC:29932 CRL.P No. 9232 of 2025 HC-KAR respondent - complainant, petitioner - accused filed the instant application seeking the following reliefs:
"(i) Issue summons to the Sub-Registrar, Bangalore South, to produce a certified copy of the Gift Deed dated 20.11.2004 (Document No.208/2004-05) concerning the property of late Mr. Boja Reddy as mentioned above.
(ii) Issue summons to the Income Tax Officer (or relevant authority) to produce the PAN card signature records of the complainant from 1992 to present, including copies of PAN applications and income filings."
4. The said application having been opposed by the respondent - complainant, the Trial Court proceeded to pass the impugned order rejecting the application on the ground that the said documents including Gift Deed, which are registered documents and were not required for the purpose of adjudication of the issues in controversy between the parties.
5. Learned counsel for the petitioner on instructions submits that if the impugned order is set aside and directions are issued to the registering authorities and Income Tax Authorities to produce the aforementioned documents, petitioner would undertake not to file any other application seeking summoning of any other documents from any other public authority. It is further -4- NC: 2025:KHC:29932 CRL.P No. 9232 of 2025 HC-KAR submitted that liberty may be reserved in favour of the petitioner to examine himself as defence witness - DW1 and adduce such other oral and documentary evidence, in accordance with law.
6. Per contra, learned counsel for the respondent - complainant on instructions submits that he has no objection for the impugned order to be set aside and for the application filed by the petitioner to be allowed subject to the condition that petitioner should not be permitted to file similar / identical application seeking summoning of documents from any public / government authorities.
7. In view of the aforesaid facts and circumstances and joint submission made by both sides, I deem it just and appropriate to set aside the impugned order and allow the application filed by the petitioner and issue further directions to the Trial Court for disposal of the proceedings.
8. In the result, I pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned order dated 23.06.2025 passed in C.C.No.25994/2016 by the XXII Addl. Chief Judicial Magistrate, Bengaluru, is hereby set aside.-5-
NC: 2025:KHC:29932 CRL.P No. 9232 of 2025 HC-KAR
(iii) Application filed by the petitioner - accused under Section 91 Cr.P.C. is hereby allowed.
(iv) The Trial Court shall issue summons to the registering authorities as well as the Income Tax authorities and procure the documents indicated in the application as expeditiously as possible.
(v) It is further directed that both the petitioner and respondent are reserved liberty to adduce oral and documentary evidence in support of their claims.
(vi) Further, petitioner shall not be entitled to file any application seeking summoning of any documents of any kind or type from any government or public authorities.
(vii) Trial Court is directed to conclude the proceedings within a period of four months from the date of receipt of a copy of this order.
(viii) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE SV; List No.: 1 Sl No.: 3