Karnataka High Court

M/S Kalpataru Distributors vs M/S Astrazeneca Pharma India Ltd on 11 November, 2024

Author: V Srishananda

Bench: V Srishananda

                                        -1-
                                                      NC: 2024:KHC:46086
                                                  CRL.RP No. 573 of 2016
                                              C/W CRL.RP No. 567 of 2016
                                                  CRL.RP No. 568 of 2016
                                                          AND 5 OTHERS


                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                      BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                  CRIMINAL REVISION PETITION NO. 573 OF 2016
                                    C/W
                  CRIMINAL REVISION PETITION NO. 567 OF 2016
                  CRIMINAL REVISION PETITION NO. 568 OF 2016
                  CRIMINAL REVISION PETITION NO. 569 OF 2016
                  CRIMINAL REVISION PETITION NO. 570 OF 2016
                  CRIMINAL REVISION PETITION NO. 572 OF 2016
                  CRIMINAL REVISION PETITION NO. 575 OF 2016
                  CRIMINAL REVISION PETITION NO. 576 OF 2016

            IN CRL.RP No. 573/2016

            BETWEEN:

            1.    M/S. KALPATARU DISTRIBUTORS
                  NO.41, 6TH CROSS,
                  SIVAJI ROAD,
                  MYSORE-570 007.

                  REP. BY ITS PROPRIETOR,
Digitally         SRI. K. GANESH
signed by
MALATESH
KC          2.  SRI. K. GANESH
Location:       S/O. D. KARIYAPPA GOWDA,
HIGH            AGED ABOUT 53 YEARS,
COURT OF
KARNATAKA       PROPRIETOR OF M/S. KALPATARU DISTRIBUTORS,
                NO.41, 6TH CROSS, SHIVAJI ROAD,
                MYSORE-570 007.
                                                     ...PETITIONERS
            (BY SRI SURYA PRAKASH RAO K, ADVOCATE)
            AND:

            1.    M/S. ASTRAZENECA PHARMA INDIA LTD.
                  A COMPANY INCORPORATED UNDER THE
                            -2-
                                         NC: 2024:KHC:46086
                                     CRL.RP No. 573 of 2016
                                 C/W CRL.RP No. 567 of 2016
                                     CRL.RP No. 568 of 2016
                                             AND 5 OTHERS


     COMPANIES ACT AND HAVING ITS REGISTERED
     OFFICE AT P.B. NO. 2483,
     OFF BELLARY ROAD, HEBBAL,
     BENGALURU-560 024,

     REP. BY ITS AUTHORIZED SIGNATORY,
     SRI. VIVEK SHETTY.
                                             ...RESPONDENT
(BY SRI N J KUMAR, ADVOCATE)


      THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W 401
CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT
DATED 14.01.2016, PASSED BY THE LXVI ADDL. CITY CIVIL
AND S.J., BANGALORE IN CRL.A.NO.550/2015 AND TO SET
ASIDE THE CONVICTION AND SENTENCE DATED 13.03.2015
PASSED IN C.C.NO.15356/2007 ON THE FILE OF THE XXI
A.C.M.M., BANGALORE AND BE PLEASED TO ACQUIT THE
PETITIONERS.




IN CRL.RP NO. 567/2016

BETWEEN:

1.   M/S KALPATARU DISTRIBUTORS
     NO.41, 6TH CROSS,
     SIVAJI ROAD,
     MYSORE - 570007
     REPRESENTED BY ITS PROPRIETOR
     SRI K GANESH

2.   SRI K GANESH
     S/O D KARIYAPPA GOWDA,
     AGED ABOUT 53 YEARS,
     PROPRIETOR OF M/S KALPATARU DISTRIBUTORS,
     NO.41, 6TH CROSS, SHIVAJI ROAD,
                                    -3-
                                                 NC: 2024:KHC:46086
                                             CRL.RP No. 573 of 2016
                                         C/W CRL.RP No. 567 of 2016
                                             CRL.RP No. 568 of 2016
                                                     AND 5 OTHERS


      MYSORE-570007
                                                      ...PETITIONERS

(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)



AND:

1.    M/S ASTRAZENECA PHARMA INDIA LTD
      A COMPANY INCORPORATED UNDER
      THE COMPANIES ACT AND HAVING ITS
      REGISTERED OFFICE AT P B NO.2483,
      OFF BELLARY ROAD, HEBBAL,
      BENGALURU-560024
      REP. BY ITS AUTHORIZED SIGNATORY
      SRI VIVEK SHETTY
                                                      ...RESPONDENT

(BY SRI. N J KUMAR, ADVOCATE)

       THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W
401    CR.P.C   PRAYING       TO    SET-ASIDE     THE     IMPUGNED
JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL.
CITY   CIVIL    AND   S.J.,   BANGALORE        CITY    (CCH-67)   IN
CRL.A.NO.545/2015, AND BE PLEASED TO SET-ASIDE THE
CONVICTION AND SENTENCE DATED 13.03.2015, PASSED IN
C.C.NO.15351/2007, ON THE FILE OF XXI ADDL.C.M.M., AT
BENGALURU AND BE PLEASED TO ACQUIT THE PETITIONERS.

IN CRL.RP NO. 568/2016

BETWEEN:

1.    M/S KALPATARU DISTRIBUTORS
      NO. 41, 6TH CROSS, SIVAJI ROAD,
      MYSORE - 570 007.
      REP BY ITS PROPRIETOR
      SRI K GANESH
                                -4-
                                               NC: 2024:KHC:46086
                                         CRL.RP No. 573 of 2016
                                     C/W CRL.RP No. 567 of 2016
                                         CRL.RP No. 568 of 2016
                                                 AND 5 OTHERS


2.    SRI K GANESH
      S/O D KARIYAPPA GOWDA,
      AGED ABOUT 53 YEARS,
      PROPRIETOR OF M/S KALPATARU DISTRIBUTORS,
      NO. 41, 6TH CROSS, SHIVAJI ROAD,
      MYSORE - 570 007.
                                        ...PETITIONERS

(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)

AND:

1.    M/S ASTRAZENECA PHARMA INDIA LTD.,
      A COMPANY INCORPORATED UNDER
      THE COMPANIES ACT AND HAVING ITS
      REGISTERED OFFICE AT P.B. NO. 2483,
      OFF BELLARY ROAD, HEBBAL,
      BENGALURU - 560 024.
      REPRESENTED BY ITS AUTHORIZED
      SIGNATORY SRI VIVEK SHETTY.
                                                 ...RESPONDENT

(BY SRI. N J KUMAR, ADVOCATE)

       THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W
401    CR.P.C   PRAYING   TO   SET     ASIDE   THE   IMPUGNED
JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL.
CITY CIVIL AND S.J., BANGALORE IN CRL.A.NO.546/2015
AND TO SET ASIDE THE CONVICTION AND SENTENCE DATED
13.03.2015 PASSED IN C.C.NO.15352/2007 ON THE FILE OF
THE XXI A.C.M.M., BANGALORE AND BE PLEASED TO ACQUIT
THE PETITIONERS.
                                -5-
                                               NC: 2024:KHC:46086
                                         CRL.RP No. 573 of 2016
                                     C/W CRL.RP No. 567 of 2016
                                         CRL.RP No. 568 of 2016
                                                 AND 5 OTHERS


IN CRL.RP NO. 569/2016

BETWEEN:

1.    M/S KALPATARU DISTRIBUTORS
      NO.41, 6TH CROSS,
      SIVAJI ROAD
      MYSORE-570 007

      REP. BY ITS PROPRIETOR
      SRI.K.GANESH

2.    SRI.K.GANESH
      S/O D.KARIYAPPA GOWDA
      AGED ABOUT 53 YEARS,
      PROPRIETOR OF M/S KALPATARU DISTRIBUTORS,
      NO.41, 6TH CROSS, SHIVAJI ROAD
      MYSORE-570 007
                                        ...PETITIONERS

(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)

AND:

1.    M/S ASTRAZENECA PHARMA INDIA LTD
      A COMPANY INCORPORATED UNDER
      THE COMPANIES ACT AND HAVING ITS REGISTERED
      OFFICE AT P.B.NO.2483,
      OFF BELLARY ROAD,
      HEBBAL, BENGALURU-560 024
      REP. BY ITS AUTHORIZED SIGNATORY
      SRI.VIVEK SHETTY
                                        ...RESPONDENT

(BY SRI. N J KUMAR, ADVOCATE)

       THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W
401    CR.P.C   PRAYING   TO   SET     ASIDE   THE   IMPUGNED
JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL.
CITY CIVIL AND S.J., BANGALORE IN CRL.A.NO.547/2015
                               -6-
                                            NC: 2024:KHC:46086
                                        CRL.RP No. 573 of 2016
                                    C/W CRL.RP No. 567 of 2016
                                        CRL.RP No. 568 of 2016
                                                AND 5 OTHERS


AND TO SET ASIDE THE CONVICTION AND SENTENCE DATED
13.03.2015 PASSED IN C.C.NO.15353/2007 ON THE FILE OF
THE XXI A.C.M.M., BANGALORE AND BE PLEASED TO ACQUIT
THE PETITIONERS.

IN CRL.RP NO. 570/2016

BETWEEN:

1.   M/S KALPATARU DISTRIBUTORS
     NO 41, 6TH CROSS,
     SIVAJI ROAD,
     MYSORE - 570007

     REP. BY ITS PROPRIETOR
     SRI K GANESH

2.   SRI K GANESH
     S/O D KARIYAPPA GOWDA
     AGED ABOTU 53 YEARS
     PROPRIETOR OF M/S KALPATARU DISTRIBUTORS
     NO 41, 6TH CROSS, SHIVAJI ROAD,
     MYSORE - 570007
                                       ...PETITIONERS

(BY SRI. SURYA PRAKASH RAO K .,ADVOCATE)

AND:

1.   M/S ASTRAZENECA PHARMA INDIA LTD
     A COMPANY INCORPORATED UNDER
     THE COMPANIES ACT AND HAVING ITS REGISTERED
     OFFICE AT P B NO 2483,
     OFF BELLARY ROAD, HEBBAL
     BENGALURU - 560024
     REP. BY ITS AUTHORIZED SIGNATORY
     SRI VEVEK SHETTY
                                       ...RESPONDENT

(BY SRI. N J KUMAR, ADVOCATE)
                                    -7-
                                                 NC: 2024:KHC:46086
                                             CRL.RP No. 573 of 2016
                                         C/W CRL.RP No. 567 of 2016
                                             CRL.RP No. 568 of 2016
                                                     AND 5 OTHERS


       THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W
401    CR.P.C   PRAYING       TO    SET-ASIDE     THE   IMPUGNED
JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL.
CITY   CIVIL    AND   S.J.,   BANGALORE        CITY   (CCH-67)   IN
CRL.A.NO.549/2015, AND BE PLEASED TO SET-ASIDE THE
CONVICTION AND SENTENCE DATED 13.03.2015, PASSED IN
C.C.NO.15354/2007, ON THE FILE OF XXI ADDL.C.M.M., AT
BENGALURU AND BE PLEASED TO ACQUIT THE PETITIONERS.



IN CRL.RP NO. 572/2016

BETWEEN:

1.    M/S KALPATARU DISTRIBUTORS
      NO.41, 6TH CROSS,
      SIVAJI ROAD,
      MYSORE-570 007
      REP. BY ITS PROPRIETOR
      SRI.K.GANESH

2.    SRI.K.GANESH
      S/O D.KARIYAPPA GOWDA,
      AGED ABOUT 53 YEARS,
      PROPRIETOR OF M/S. KALPATARU DISTRIBUTORS,
      NO.41, 6TH CROSS, SHIVAJI ROAD,
      MYSORE-570 007.
                                         ...PETITIONERS

(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)

AND:

1.    M/S ASTRAZENECA PHARMA INDIA LTD
      A COMPANY INCORPORATED UNDER
      THE COMPANIES ACT AND HAVING ITS
      REGISTERED OFFICE AT P.B.NO.2483,
      OFF BELLARY ROAD, HEBBAL,
                                -8-
                                               NC: 2024:KHC:46086
                                         CRL.RP No. 573 of 2016
                                     C/W CRL.RP No. 567 of 2016
                                         CRL.RP No. 568 of 2016
                                                 AND 5 OTHERS


      BENGALURU-560 024
      REP. BY ITS AUTHORISED SIGNATORY
      SRI.VIVEK SHETTY
                                                 ...RESPONDENT

(BY SRI. N J KUMAR, ADVOCATE)

       THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W
401    CR.P.C   PRAYING   TO   SET     ASIDE   THE   IMPUGNED
JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL.
CITY CIVIL AND S.J., BANGALORE IN CRL.A.NO.555/2015
AND TO SET ASIDE THE CONVICTION AND SENTENCE DATED
13.03.2015 PASSED IN C.C.NO.21156/2007 ON THE FILE OF
THE XXI A.C.M.M., BANGALORE AND BE PLEASED TO ACQUIT
THE PETITIONERS.

IN CRL.RP NO. 575/2016

BETWEEN:

1.    M/S KALPATARU DISTRIBUTORS
      NO.41, 6TH CROSS,
      SIVAJI ROAD,
      MYSORE-570 007

      REP BY ITS PROPRIETOR,
      SRI.K.GANESH

2.    SRI.K.GANESH
      SRI.D.KARIYALPPA GOWDA,
      AGED ABOUT 53 YEARS,
      PROPRIETOR OF M/S KALPATARU DISTRIBUTORS,
      NO.41, 6TH CROSS, SHIVAJI ROAD,
      MYSORE-570 007
                                        ...PETITIONERS

(BY SRI. SURYA PRAKASH RAO K .,ADVOCATE)
                                -9-
                                               NC: 2024:KHC:46086
                                         CRL.RP No. 573 of 2016
                                     C/W CRL.RP No. 567 of 2016
                                         CRL.RP No. 568 of 2016
                                                 AND 5 OTHERS


AND:

1.    M/S ASTRAZENECA PHARMA INDIA LTD.,
      A COMPANY INCORPORATED UNDER THE COMPANIES
      ACT AND HAVING ITS REGISTERED
      OFFICE AT P.B.NO.2483, OFF BELLARY ROAD,
      HEBBAL, BENGALURU-560024

      REP. BY ITS AUTHORISED SIGNATORY,
      SRI.VIVEK SHETTY
                                                 ...RESPONDENT

(BY SRI. N J KUMAR, ADVOCATE)

       THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W
401    CR.P.C   PRAYING   TO   SET     ASIDE   THE   IMPUGNED
JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL.
CITY CIVIL AND S.J., BANGALORE IN CRL.A.552/2015, AND
BE PLEASED TO SET ASIDE THE CONVICTION AND SENTENCE
DATED 13.03.2015, PASSED IN C.C.NO.21155/2007, ON THE
FILE OF XXI ACMM, BANGALORE AND BE PLEASED TO
ACQUIT THE PETITIONERS.

IN CRL.RP NO. 576/2016

BETWEEN:

1.    M/S KALPATARU
      DISTRIBUTORS
      NO.41, 6TH CROSS
      SIVAJI ROAD
      MYSORE-570 007

      REP BY ITS PROPRIETOR
      SRI K GANESH

2.    SRI K GANESH
      S/O D KARIYAPPA GOWDA
                                    - 10 -
                                                      NC: 2024:KHC:46086
                                                CRL.RP No. 573 of 2016
                                            C/W CRL.RP No. 567 of 2016
                                                CRL.RP No. 568 of 2016
                                                        AND 5 OTHERS


      AGED ABOUT 53 YEARS
      PROPRIETOR OF
      M/S KALPATARU DISTRIBUTORS
      NO.41, 6TH CROSS
      SHIVAJI ROAD
      MYSORE-570 007
                                                         ...PETITIONERS

(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)

AND:

1.    M/S ASTRAZENECA PHARMA INDIA LTD
      A COMPANY INCORPORATED UNDER THE COMPANIES
      ACT AND HAVING ITS REGISTERED OFFICE AT
      P B NO.2483, OFF BELLARY ROAD
      HEBBAL
      BENGALURU-560 024

      REP BY ITS AUTHORIZED SIGNATORY
      SRI VIVEK SHETTY
                                                         ...RESPONDENT

(BY SRI. N J KUMAR, ADVOCATE)

       THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W
401    CR.P.C   PRAYING       TO     SET-ASIDE        THE    IMPUGNED
JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL.
CITY   CIVIL    AND   S.J.,   BANGALORE           CITY    (CCH-67)   IN
CRL.A.NO.554/2015, AND BE PLEASED TO SET-ASIDE THE
CONVICTION AND SENTENCE DATED 13.03.2015, PASSED IN
C.C.NO.15357/2007, ON THE FILE OF XXI ADDL.C.M.M., AT
BENGALURU AND BE PLEASED TO ACQUIT THE PETITIONERS.


       THESE    PETITIONS,     COMING            ON    FOR    REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
                                      - 11 -
                                                      NC: 2024:KHC:46086
                                                  CRL.RP No. 573 of 2016
                                              C/W CRL.RP No. 567 of 2016
                                                  CRL.RP No. 568 of 2016
                                                          AND 5 OTHERS


CORAM:      HON'BLE MR JUSTICE V SRISHANANDA


                               ORAL ORDER

Joint memos are filed in all these revision petitions. All

the revision petitions stand disposed of in terms of the joint

memo.

2. Amount as agreed in the joint memos shall be paid

by the revision petitioners to the respondent, failing which the

order of the Trial Court, confirmed by the First Appellate Court

stand restored automatically.

3. Amount in deposit, if any, is ordered to be

withdrawn by the complainant under due identification.

4. In view of the joint memo, fine amount of

Rs.10,000/- in each cases, imposed by the learned Trial

Magistrate, confirmed by the First Appellate Court towards