Citation : 2022 Latest Caselaw 9065 Kant
Judgement Date : 17 June, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL REVISION PETITION NO.432 OF 2022
BETWEEN:
1. M/s. Sri. Matha Amruthanandamayi
Fertilizers & Chemicals, Main Road,
Gudibande, Chikkaballapura District,
PIN 561 209.
represented by A. Krishnappa.
2. Sri.A. Krishnappa,
S/o. Sri. Aswathappa,
Aged about 44 years,
Proprietor - Sri. Matha
Amruthanandamayi
Fertilizers and Chemicals,
Main Road, Gudibande,
Chickballapur District,
PIN 561 209.
..Petitioners
(By Sri. Chowda Reddy, T.M., Advocate)
AND:
M/s. Zuari Agro Chemicals
Limited, having its Office at
1st Floor, No.28, Union Street
off Cubbon Road, represented
by its Authorized Representative
Mr.P.T. Sudarshana.
.. Respondent
****
Crl.R.P.No.432/2022
2
This Crl.R.P. is filed under Section 397(1) read with Section
401 of the Code of Criminal Procedure, 1973, praying to call for
records in Crl.A.No.1073/2019 on the file of LXIII Additional City
civil & Sessions Judge, Bengaluru as and C.C.No.11707/2017 on
the file of XXVII Additional Chief Metropolitan Magistrate, at
Bengaluru as and set aside the judgment dated 02-11-2021 in
Crl.A.No.1073/2019 on the file of LXIII Additional city Civil &
Sessions Judge, Bengaluru, confirming the judgment and order
of sentence dated 05-04-2019 in C.C.No.11707/2017 on the file
of XXVII Additional Chief Metropolitan Magistrate, at Bengaluru
CC No.11707/2017 be dismissed and this revision petition be
allowed and pass such other order or orders as this Court may
deem fit to grant in the facts and circumstances of the case to
meet the ends of justice.
This Crl.R.P. coming on for Orders, through Physical
Hearing/Video Conferencing Hearing this day, the Court made
the following:
ORDER
Called again in the afternoon.
Learned counsel for the petitioners not present.
A perusal of the order sheet would go to show that the
petitioners, after securing the interim order on 21-04-2022,
though were required to pay the process for issuance of
notice to respondent as ordered, still, they have not paid
the process. To enable them to pay the process and report
compliance, this matter was adjourned at the request of
the learned counsel for the petitioners, who appeared
through video conference. Thereafter, though the matter Crl.R.P.No.432/2022
was called in two rounds, the petitioners have remained
absent. Hence, without even taking steps to issue notice to
the respondent, the petitioners since two months are
enjoying the interim order and not evincing interest in
prosecuting the matter. Hence, the petition stands
dismissed for not taking steps.
Sd/-
JUDGE
BMV*
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