Karnataka High Court
M/S. Dharthi Chits Pvt Ltd vs M/S Viren Garment Processors on 1 March, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:8701
CRL.P No. 7169 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7169 OF 2023
BETWEEN:
1. M/S. DHARTHI CHITS PVT. LTD.,
A PRIVATE LIMITED COMPANY
NO.121, MEZZANINE FLOOR
PRITHVI BUILDING, 5TH MAIN
ROAD, CHAMARAJPETE
BANGALORE - 560 018
2. S PADMANABHA
MANAGING DIRECTOR
Digitally signed M/S. DHARTHI CHITS PVT. LTD.,
by PAVITHRA N A PRIVATE LIMITED COMPANY
Location: high NO.121, MEZZANINE FLOOR
court of
karnataka PRITHVI BUILDING, 5TH MAIN
ROAD, CHAMARAJPETE
BANGALORE - 560 018
3. SP KIRAN, DIRECTOR
M/S. DHARTHI CHITS PVT. LTD.,
A PRIVATE LIMITED COMPANY
NO.121, MEZZANINE FLOOR
PRITHVI BUILDING, 5TH MAIN
ROAD, CHAMARAJPETE
BANGALORE - 560 018
...PETITIONERS
(BY SRI: V.B. RAVISHANKAR, ADVOCATE (ABSENT))
AND:
M/S. VIREN GARMENT PROCESSORS
A PROPRIETORY CONCERN
SHREE BALAJI ENCLAVE
FLAT NO. A & D, 1ST FLOOR
NO.15, 13TH 'A' CROSS
JAYANAGAR 2ND BLOCK
BANGALORE - 560 011
-2-
NC: 2024:KHC:8701
CRL.P No. 7169 of 2023
ALSO AT NO.B-2
OM SHIVA SHAKTHI
INDUSTRIAL AREA
CHUNCHAGATTA ROAD
BHEERESHWARANAGAR
KANAKAPURA ROAD CROSS
BANGALORE - 560 062
REPRESENTED BY ITS PROPRIETOR
AJAY S BHASKAR
...RESPONDENT
(BY SRI: SUNIL .S. NARAYAN, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE LXVIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-
69), VIDE ORDER DATED 28.06.2023 IN CRL.RP.NO.272/2022,
CONSEQUENTLY; SET ASIDE THE ORDER DATED 27.04.2022 PASSED
BY THE XIII ADDL.C.M.M., BENGALURU IN C.C.NO.25206/2017 AND
ALLOW THE APPLICATION FILED BY THESE PETITIONERS UNDER
SECTION 311 OF CR.P.C. FILED IN C.C.NO.25206/2017 PENDING ON
THE FILE OF XIII ADDL.C.M.M., BENGALURU, SEEKING TO PERMIT
THE PETITIONERS TO ADDUCE DEFENDANTS EVIDENCE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT PASSED THE FOLLOWING:
ORDER
Matter called twice. There is no representation on behalf
of the petitioners.
2. Learned counsel for the respondent submits that
this petition is filed challenging the order dated 27.04.2022
passed in CC No.25206 of 2017 by the XIII Additional Chief
Metropolitan Magistrate, Bengaluru, wherein the application
filed by the petitioners under Section 311 of Cr.P.C. was
dismissed. He submits that this Court vide order dated
NC: 2024:KHC:8701
18.08.2023, while issuing emergent notice had directed the
Trial Court to permit the petitioners herein to adduce defence
evidence, subject to condition that, the petitioners shall pay a
sum of Rs.5,000/- to the complainant before the Trial Court.
He submits that in compliance of the order dated 18.08.2023,
petitioners had paid cost of Rs.5,000/- and have also adduced
defence evidence and the Trial Court after hearing the
arguments, posted the matter for final judgment.
3. Since the prayer made in the application under
Section 311 of Cr.P.C. is virtually allowed on the strength of
interim order granted by this Court, nothing further survives for
consideration.
Accordingly, the petition is disposed off.
Sd/-
JUDGE
*bgn/-
