MR. CHETTAYIL PADMANABHAN PRASAD v. SRI. B. VACHAN, ADVOCATE)
Case at a glance
- Bench
- SURA
- Neutral citation
- 2024:KHC:10930
Outcome
Disposed of
counsels, the petition is disposed of permitting the Trial
Provisions considered
Key paragraphs
- Para 33. The submission of the learned counsel for the respondent is that, in view of the stay which has been granted by this Court in the present matter, the respondent is unable to - 3 - NC: 2024:KHC:10930 CRL.P No. 9577 of 2023 withdraw the…
Judgment
M/S OLIVE LIFESCIENCES PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES OF THE COMPANIES ACT, 1956 REGISTERED OFFICE AT: NO. 5805/05, NH-4, NELAMANGALA, BANGALORE - 562 123, REPRESENTED HEREIN BY ITS AUTHORISED SIGNATORY AND DIRECTOR, MR. CHETTAYIL PADMANABHAN PRASAD. …PETITIONER (BY SRI. PRADEEP NAYAK, ADVOCATE FOR SRI. ADITYA CHATTERJEE, ADVOCATE) AND: M/S STAR HI HERBS PRIVATE LIMITED PLOT NO. 50, 3RD ROAD, I PHASE, KIADB INDUSTRIAL, AREA, JIGANI, BANGALORE - 560 105, REPRESENTED BY ITS MANAGING DIRECTOR, MR. FIROZ HUSSAIN (BY SRI. CHINMAY KURUNDWAD, ADVOCATE FOR SRI. B. VACHAN, ADVOCATE) …RESPONDENT THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO A. QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.24869/2017 PENDING ON THE FILE OF XXXVIII ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT EMANATING FROM THE COMPLAINT AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:10930 CRL.P No. 9577 of 2023 ORDER
The petitioner is before this Court seeking for the following reliefs: (a) Call for the records of the trial in C.C No. 24869 of 2017 pending on the file of the Learned XXXVIII Additional Chief Metropolitan Magistrate, Bengaluru; (b) Quash the entire proceedings in C.C No. 24869 of 2017 pending on the file of the Learned XXXVIII Additional Chief Metropolitan Magistrate, Bengaluru, for offence under Section 138 of the Negotiable Instruments Act, 1881, emanating complaint at Annexure A; (c) Quash the order dated 07 October 2017, at Annexure B, passed by the Learned XXXVIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C No. 24869 of 2017; (d) Pass any other order as this Hon'ble Court may deem fit, in the interests of justice.
Learned counsel for the respondent has field a memo dated 15.03.2024 signed by the counsel for the respondent, which reads as under: "The Respondent above named seeks leave of this Hon'ble Court to place on record the online copy of the order sheet dated 11.03.2024 in C.C.No.24869/2017. In view of the same, is it prayed that this Hon'ble Court be pleased to pass such necessary orders so as to enable the Respondent herein to withdraw the compliant before the trial Court in the interest of justice and equity. "
Operative part
The submission of the learned counsel for the respondent is that, in view of the stay which has been granted by this Court in the present matter, the respondent is unable to - 3 - NC: 2024:KHC:10930 CRL.P No. 9577 of 2023 withdraw the proceedings in C.C.No.24869/2017, out of which the above petition arises. In that view of the matter, accepting the memo and submission of both the counsels, the petition is disposed of permitting the Trial Court to take up the application for dismissal of C.C.No.24869/2017 and pass necessary orders. Sd/- JUDGE GJM List No.: 1 Sl No.: 9 CT:SNN
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: counsels, the petition is disposed of permitting the Trial
Which statutory provisions did this judgment involve?
Companies Act, 2013; Code of Criminal Procedure, 1973 — s. 482; Negotiable Instruments Act, 1881 — s. 138.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.