Sri B K Vijayashankar vs M/S Dharthi Chits Pvt Ltd
2022 Latest Caselaw 2279 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 11TH DAY OF FEBRUARY, 2022

                    BEFORE

      THE HON'BLE MR. JUSTICE K. NATARAJAN

         CRIMINAL PETITION NO.702/2022

BETWEEN:-

SRI B.K. VIJAYASHANKAR,
S/O. B.R. KRISHNAIAH SETTY,
AGED ABOUT 60 YEARS,
R/AT NO.G-7, LAKKI PARADISE,
OLD NO.174, NEW NO.174/40,
22ND CROSS, 3RD BLOCK,
JAYANAGAR,
BENGALURU-560 001
PRESENTLY R/AT:
NO.11/11, 24TH MAIN,
1ST PHASE, J.P. NAGAR,
BENGALURU-560 078
                                  ...PETITIONER
(BY SRI AVIN TIPPANNA HANUMAPPA, ADVOCATE)

AND

M/S. DHARTHI CHITS PVT. LTD.,
NO.121, MEZZANINE FLOOR,
PRITHVI BUILDING, 5TH MAIN,
CHAMRAJPET,
BENGALURU-560 018,
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REP. BY ITS MANAGING DIRECTOR
& FOREMAN,
SRI PADMANABHA S.,
S/O. GUNDAIAH SETTY,
AGED ABOUT 69 YEARS
                                ...RESPONDENT
(BY SRI RANGANATHA REDDY, ADVOCATE)
                       ----

    THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C., PRAYING TO QUASH THE
PORTION OF ANNEXURE-A WHICH READS AS UNDER:

    THE SAID AMOUNT COVERS THE AMOUNT
    PAYABLE      IN    RESPECT   OF    THE
    DISHONOURED CHEQUES IN       QUESTION
    ....... HOWEVER, IT IS MADE CLEAR THAT
    THE      LIS  BETWEEN    THE   PARTIES,
    WHICH IS THE SUBJECT MATTER OF
    DISPUTE           NOS.233-240/20211-12,
    SHALL BE ADJUDICATED AND DECIDED IN
    ACCORDANCE WITH         LAW.       THE
    IMPUGNED COMMON JUDGMENT        WOULD
    NOT STAND IN THE WAY OF THE
    PARTIES SEEKING ADJUDICATION OF THE
    SAID DISPUTES BEFORE THE REGISTRAR
    OF CHITS.
     THIS PETITION COMING ON FOR ORDERS ON
THIS DAY, THE COURT MADE THE FOLLOWING:
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                          ORDER

Office has raised objection regarding

maintainability of this criminal petition.

2. Learned counsel for the petitioner submits

that he may be permitted to withdraw this petition,

with liberty to file a Miscellaneous First Appeal.

3. The submission is placed on record. The

petition is dismissed as withdrawn, with liberty as

prayed for.

4. Registry to return the records to the

learned counsel for the petitioner.

Sd/-

JUDGE

Sbs*