High Court Karnataka High Court

Yelahanka Merchants Finance … vs Chandrashekar Angithaya on 24 April, 2009

Karnataka High Court
Yelahanka Merchants Finance … vs Chandrashekar Angithaya on 24 April, 2009
Author: Dr.K.Bhakthavatsala
Cr1.P.3388:'2098

IN THE HIGH coum OF KARNATAKA AT BAN_(3}ALf}R§'§__f.  _

DATED THIS THE 24TH DAY 91? APREi;*'2€§§39: "ff « _ _: "  

BEFORE 

THE Hozrnm DR. JGSTICE §H4mTm::;@:9$§La§'; 

CRIMiNAL PET1TIo1i'L'LN t).3388]2.Q'0s": %'

BETWEEN:

Yelahanka Merchants " _ .
Finance Company Pvt.*-Ltd.,   ' 
Bypass, B 8 Road,    ; 
Yelahanka,   if  '
Banga1ore--56O (3534.  _  '

Rep. by Rs Niaziager.
And G P A Hcxkier,
Smt. Giruja, L' V
W] 0 Gar§1ti'a;3pa..

    _Adv.  pctitionerj

AND: 'V  V

 " Chandrashckar Ajngithaya,
 S/'o P Na:-ayaizga Rae,
" 'A -« i,Ag§:i '64 ycam,_ "
;  (if ljpahara Daxshjni Hotel,
   Ksmfc Bus Stand,
  

-..,..

Petitioner

Respondent

This Criminal Petition is filed under Section 482 of the Code of

 Pmcedurc, praying to set aside the order dated 1.10.2007
passed by the XX Add}. Small Causes Judge and XVII! ACMM,



crmsssszzoos
St

Bangalore, in C C No.20145/ 2004 and rcston': the same by provixiing
an opportunity to the complainant to proceed with the motion

This Petition coming on for Admission this  
made the following:  "..  

ORDER

The petitioner/compla1n’ ant uoxlsjtho
of xvzu Add}. Chief Mennpoman at is before

this Court under Section Cnmmalf ‘ Proccdum,

praying for ogsgief 1.10.2007 dismissing the

complaint fof_défo.u1t.:

2. Learned » Counékgl ..for_ the petitioner submits that the

Complainagiit and were present and made sincere cflbrt to
tho”‘§?anant to the respondent] accused, but the mural’

suficicnt opportunity, dismissed the

T’ v fo1*’oofi–pmsocufion. He fiuther submits that the

‘it-ptaid process on 25.5.2097 for issuance of NBW to the

the same was rotumed un–cxe-outed 11 10.9.2007. On

the oomplainant and his Counsel oould not be pmsent

the case was adjourned to 1.10.2007, on which date the

CrLP.3388!2098
3
complainant and Advocate were pmsent and they pmycdvfqr-._tia3e, but
the trial Court dismissed the complaint for default fdinere

were no good gmunds. : ‘

3. Keeping in View that the comp:;aint’cam_ to foéf___

nolrprosecution before service of st1mm0ins”o_n the >a;g.”eueec1,’:.;1’c;tiee..to

the respondent] accused is dispenseclijwith. V. ‘

4. Perused the trial Cqufl

5. “Court issued summons to the

accused. SuVi)$ee1uen’tIy,A’~tIje…’–~’:txial Court has issued NBW to the

oyder eLheet._,pextajning to 12.7.2006 shows that service

¢’1i1}yV ordered to reissue NEW to the accused by

V RPAB The order sheet of the trial Court shows

that on “::>.,4′.2e”{) ‘z and 95.5.2907, pmcess fee was paid and ordered

Vtc$u}’r;~iss:;e Again on 23.7.2007, process fee has been paid and

I» has been m—issued to the accused. Keeping in View that

t}:;e”<jemp1ainant has paid process fee on many occasions and the

V has not been executed, it is the duty of the trial Court to take

appropriate steps against the concerned for not executing the

EM".

Crl.P.3388/2008
4
warrant. Under such circumstances, the trial erred in
rejecting the complaint on the ground that steps not_4te_:kei1.._by the

complainant. In other words, the trial Court ‘ the

complaint in a cavalier manner. If the .i:_ot”‘:§este1eti,”

complainant would be put to Iosef3{ 4.:

the impugned order calls for interfemnce-.V” _V .

6. In the result, the Peti1io1i”‘e«i§” ‘*a11ow’e’d,_ ‘The order

dated 1.10.2907 made in No;:2o’1245j2’oo4 5:1’ the 51: of xvm

Add}. Chief’M’a:gist1*afe”at fiangaloxe, is set aside and the
matter is (301111: with a direction to re-

register in its dispose of the case, in accordance

. The peuf1tie.x1er/ complainant is also directed to appear

Vhbefohiae “the on 1.6.2009 for filrther steps Without notice.

is directed to transmit the lower Court records to

* the f1ia;1_zCc>h1t forthwith.

Judge

Bjs