Maxworth Realty India Ltd vs M K Veerendra Babu
2022 Latest Caselaw 3145 Kant

                           1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23RD DAY OF FEBRUARY, 2022

                        BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

        CRIMINAL PETITION No.1517/2022

BETWEEN:
1.    Maxworth Realty India Ltd.,
      A Private Limited Company,
      Having its office at No.12/2,
      KMP House, Yamuna Bai Road,
      Near Shivanand Circle,
      Madhavanagar,
      Bengaluru-560 001
      Represented by its
      Chairman and Managing Director -
      K. Kesava

2.    K. Kesava,
      Aged 49 years,
      S/o. Muneppa Kolaru,
      Chairman and Managing Director
      M/s. Maxworth Realty India Ltd.,
      No.12/2, KMP House,
      Yamuna Bai Road,
      Near Shivanand Circle,
      Madhavanagar,
      Bengaluru-560 001
                                         ...Petitioners
(By Sri Vinaya Keerthy M., Advocate)
                               2


AND:
M.K. Veerendra Babu,
Aged about 43 years,
S/o. Munikempaiah,
Battaramarenahalli,
Channarayapatna Hobli,
Devanahalli Taluk,
Bengaluru Rural District-560 066
                                              ...Respondent
(Notice to respondent dispensed with)


      This Criminal petition is filed under Section 482 of
Cr.P.C., praying to set aside the impugned order dated
11.01.2022 passed by the XV Addl. C.M.M., Bengaluru
in C.C. No.31506/2011.

      This Criminal Petition coming on for admission,
this day, the Court made the following:

                       ORDER

Heard the learned counsel for the petitioners.

2. This petition is filed by the petitioner for

staying the FLW and NBW issued by the trial Court.

3. Issuing notice to the respondent is

dispensed with.

4. The case of the petitioners is that the

petitioners were the accused, who faced the criminal

proceedings under Section 138 of N.I. Act. They have

been found guilty and convicted. Subsequently, the

appeal filed before the Sessions Judge was dismissed.

Thereafter, a Criminal revision petition has been filed

before this Court, which also came to be dismissed on

13.09.2019 in Crl.R.P. No.1407/2018. Subsequently,

SLP was also filed before the Hon'ble Supreme Court,

which also came to be dismissed vide judgment dated

29.11.2021.

5. It is submitted that after dismissal of the

SLP, the complainant/respondent has moved an

application by advancing the case and got issued the

FLW. The matter is already disposed of by the trial

Court by judgment and has attained its finality. Such

being the case, the accused has to deposit entire

amount or undergo the sentence imposed by the trial

Court. Such being the case, filing the Criminal Petition

for staying the execution is devoid of merits and hence,

it is dismissed.

In view of dismissal of the main petition, I.A.

No.1/2022 does not survive for consideration.

Sd/-

JUDGE

VBS