Idfc First Bank Limited vs Royal Tiles House
2024 Latest Caselaw 6019 Kant

Karnataka High Court

Idfc First Bank Limited vs Royal Tiles House on 28 February, 2024

                                       -1-
                                               CRL.A No. 246 of 2024
                                                     NC: 2024:KHC:8263




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 28TH DAY OF FEBRUARY, 2024

                                     BEFORE
                       THE HON'BLE MS JUSTICE J.M.KHAZI
                        CRIMINAL APPEAL NO.246 OF 2024
            BETWEEN:

                  IDFC FIRST BANK LIMITED
                  EARTWHILE CAPITAL FIRST LIMITED HAS
                  AMOLGAMATED VIDE CERTIFICATE OF
                  INCORPORATION DATED 18.12.2018, IDFC BANK
                  LIMITED REGISTERED UNDER COMPANIES ACT, 2013
                  IS NOW IDFC FIRST BANK LIMITED PURSUANT TO
                  CHANGE OF NAME ISSUED BY REGISTRAR OF
                  COMPANIES DATED 12.01.2019, IDFC FIRST BANK
                  LIMITED IS BANKING COMPANY IS REGULATED BY
                  RESERVE BANK OF INDIA HAVING ITS REGISTERED
                  OFFICE AT KRM TOWER, 8TH FLOOR, NO 1,
                  HARRINGTON ROAD CHETPET, CHENNAI - 600 031,
                  BRANCH OFFICE AT KCA ENCLAVE, POLICE STATION
                  ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU -
                  560 095, REPRESETNED BY ITS LEGAL MANAGER
                  SHRI RAGHAVENDRA B, MOBILE 9686463502.
Digitally
                  EMAIL: [email protected]
signed by                                                  ...APPELLANT
REKHA R
              (BY SRI. D.NARAYANA SWAMY, ADVOCATE)
Location:
High Court of
Karnataka     AND:

            1.    ROYAL TILES HOUSE,
                  BEING JURISTIC PERSON REPRESENTED BY ITS
                  PROPRIETOR SHIKHA, HAVING ITS OFFICE AT
                  NO.012, GROUND FLOOR, SURVEY NO.167/4, BEGUR
                  VILLAGE, ESTELLA GRACIOUS, BEGUR HOBLI,
                  BENGALURU - 560 068.

            2.    SHIKHA,
                  PROPPRIETOR OF ROYAL TILES HOUSE,
                  HAVING OFFICE AT NO.012, GROUND FLOOR,
                              -2-
                                      CRL.A No. 246 of 2024
                                          NC: 2024:KHC:8263




    SURVEY NO.167/4, BEGUR VILLAGE,
    ESTELLA GRACIOUS, BEGUR HOBLI,
    BENGALURU - 560 068.
                                            ...RESPONDENTS

     THIS CRL.A IS FILED UNDER SECTION 378(4) R/W 482
OF CR.P.C PRAYING TO a) EXAMINE THE SAME TO SET ASIDE
THE ORDER OF ACQUITTAL ORDER DATED 09.09.2023 PASSED
IN C.C.NO.4005/2023 BY LEARNED SCCH-12 XI ADDL.S.C.J
AND A.C.M.M AT BENGALURU VIDE ANNEXURE-G AND ALLOW
THE   APPEAL    AND    RESTORE   THE   COMPLAINT   IN
C.C.NO.4005/2023 BEFORE THE LEARNED SCCH 12-XI
ADDL.S.C.J AND A.C.M.M AT BENGALURU FOR FURTHER
ADJUDICATION; b) ANY OTHER ORDER AS DEEM FIT UNDER
THE FACTS AND CIRCUMSTANCES IN THE INTEREST OF
JUSTICE MAY KINDLY BE PASSED.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission of this Court to withdraw the appeal

and extend the benefit of limitation period for filing fresh

petition.

2. The aforesaid memo is placed on record.

3. In the light of the memo, appeal is dismissed as

withdrawn. However, appellant is at liberty to file a fresh

petition within a period of 15 days from today, in which

NC: 2024:KHC:8263

event, he shall have the benefit of limitation for the time

spent before this Court.

4. In view of dismissal of appeal, all pending

application/s, if any is/are also disposed of, since no

further orders is required.

Sd/-

JUDGE

ASN