N.C.Mukunda vs Dr Vittal N Gonbal
2024 Latest Caselaw 6001 Kant

Karnataka High Court

N.C.Mukunda vs Dr Vittal N Gonbal on 28 February, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                                -1-
                                                             NC: 2024:KHC:8288
                                                        CRL.P No. 9864 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF FEBRUARY, 2024

                                             BEFORE

                          THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

                          CRIMINAL PETITION NO. 9864 OF 2017 (482)

                   BETWEEN:

                   1.    N.C.MUKUNDA,
                         AGED ABOUT 45 YEARS,
                         S/O LATE N. N. CHIKKANNA,
                         No.14, 5TH CROSS,
                         6TH MAIN ROAD,SVG NAGAR
                         NAGARABHAVI MAIN ROAD,
                         BENGALURU.

                         AND ALSO AT
                         NEMBINAYAKANA HALLI,
                         KOPPA HOBLI, MADDUR TALUK,
                         MANDYA.
                         PRESENTLY RESIDING AT
                         No.8 .8TH CROSS, GIRINAGAR,
                         BENGALURU-560 026.
Digitally signed
by                                                               ...PETITIONER
NARAYANAPPA
LAKSHMAMMA         (BY SRI. GURUNATH T. S., ADVOCATE)
Location: HIGH     AND:
COURT OF
KARNATAKA
                   1.    DR. VITTAL N. GONBAL,
                         AGED ABOUT 45 YEARS,
                         S/O NAMADEVAPPA GONABAL,
                         RESDIING AT No.35, 'VINAYAS'
                         CHALUKHYA NAGAR, 1ST MAIN,
                         NAGARABHAVI MAIN ROAD,
                         BENGALURU.
                                                                ...RESPONDENT
                   (BY SMT. NANDITA HALDIPUR, ADVOCATE)
                                  -2-
                                                    NC: 2024:KHC:8288
                                             CRL.P No. 9864 of 2017




     THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C
PRAYING TO SET ASIDE THE ORDER DATED 13.11.2017
PASSED ON I.A. FILED U/S 389(3) OF CRPC IN
CRL.A.NO.1584/2017 IMPOSING CONDITION TO DEPOSIT 10%
OF THE FINE AMOUNT AND RS.5,00,000/- TO BE REMITTED TO
THE STATE AS FINE TO STAY THE ORDER AND JUDGMENT
DATED 10.10.2017 IN C.C.NO.13872/2008 ETC.

     THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                              ORDER

1. The petitioner is before this Court seeking for

following relief:

(a) Call for the records in criminal appeal No.1584/2017 pending in the court of City Civil and Sessions Judge (CCH-69), Bengaluru.

(b) Set aside the order dated 13th November 2017 passed on I.A. filed under Section 389(3) of Cr.P.C. in Criminal Appeal No.1584/2017 imposing condition to deposit 10% of the fine amount and Rs.5,00,000/- to be remitted to the State as fine to stay the order and judgment dated 10.10.2017 in C.C.No.13872/2008.

(c) Allow the I.A. filed under Section 389 (3) Cr.P.C. by the petitioner and stay the order and judgment dated 10.10.2017 passed by the 2nd Additional Chief Metropolitan Magistrate at Bengaluru, in C.C.No.13872/2008 without the imposing the condition of deposting any amount.

2. Though none appears for the petitioner, the

respondent has filed a memo dated 28.02.2024

enclosing the order dated 30.07.2019 in

NC: 2024:KHC:8288

Crl.A.No.1584/2017 by which the said appeal has

been dismissed.

3. In that view of the matter, when the interlocutory

order passed in the appeal, is challenged in the

present matter, the appeal itself having been

dismissed, the present petition does not survive for

consideration, the petition is dismissed as such. In

view of the dismissal of the main petition, pending

I.As, if any, do not survive for consideration.

Sd/-

JUDGE

AG