Karnataka High Court
M/S K And M Projects And Technologies Pvt ... vs Mr Fredric D Souza , on 5 April, 2014
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 5TH DAY OF APRIL 2014
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
CRL.P.NO.4815/2011
BETWEEN
M/S K & M PROJECTS
AND TECHNOLOGIES PVT LTD.,
A COMPANY INCORPORATED
UNDER THE
PROVISIONS OF THE
COMPANIES ACT, HAVING
ITS PRINCIPAL OFFICE AT
NO.21/3, MYLAM
ROAD, PONDICHERRY-605 101.
AND AN OFFICE AT
NO. 433, 9TH CROSS,
5TH MAIN, RMV II STAGE,
BANGALORE - 560 094.
REPRESENTED BY
MR. B.A. ANJAN KUMAR
AUTHORISED SIGNATORY, ... PETITIONER
(BY SRI N.VISHWANATH, ADV., )
AND :
1. MR .FREDRIC D. SOUZA,
MANAGING DIRECTOR,
M/S F.D. SERVICES,
WITH THEIR OFFICE
SITUATED AT NO. C-91,
SUNITHA APARTMENTS,
GOVANDI STATION ROAD,
GOVANDI,
MUMBAI - 400 008.
-2-
2. MR. T. PATANKAR,
FORMER CHIEF MANAGER,
STATED TO BE SERVING
IN BANK INTERNATIONAL INDONESIAN,
GROUND FLOOR,
AMARCHAND MANSION,
MADAME CAMA ROAD,
COLABA,
MUMBAI - 400 039.
3. MR. ARAVIND MENON,
FORMER MANAGER,
STATED TO BE AT BANK
INTERNATIONAL INDONESIA,
GROUND FLOOR,
AMARCHAND MANSON,
MADAME CAMA ROAD,
COLABA,
MUMBAI -400 039.
4. MR. JOPIE GUMAY,
FORMER CHIEF EXECUTIE OFFICER,
BANK INTERNATIONAL INDONESIAN,
GROUND Flr.
AMARCHAND MANSION,
MADAME CAMA ROAD,
COLABA,
MUMBAI - 400 039.
5. MRS. NIRULA DAMANIK,
FORMER CHIEF EXECUTIVE OFFICER,
BANK INTERNATIONAL
INDONESIAN, GROUND Flr.
AMARCHAND MANSION,
MADAME CAMA ROAD,
COLABA,
MUMBAI - 400 039.
6. MR. K. KANNAN,
CHIEF RECOVERY OFFICER,
BANK INTERNATIONAL INDONESIAN,
GROUND Flr.,
-3-
AMARCHAND MANSION,
MADAME CAMA ROAD, COLABA,
MUMBAI -400 039.
7. MR. D. VIDJAJA,
ALLAS TONY,
DEPUTY CHIEF EXECUTIVE OFFICER,
BANK INTERNATIONAL INDONESIAN,
GROUND FLR,
AMARCHAND MANSION,
MADAME CAMA ROAD, COLABA,
MUMBAI- 400 039. ... RESPONDENTS
(NOTICE TO R1 TO R7 IS HELD SUFFICIENT
VIDE ORDER DATED 18.03.14)
THIS CRL.P IS FILED UNDER SECTION 482 CRIMINAL
PROCEDURE CODE PRAYING TO SET ASIDE THE ORDER
DATED:3.4.10 PASSED IN CRL.RP.NO.453/08 BY THE PRL.
C.C. AND S.J., BANGALORE AND CONSEQUENTLY SET
ASIDE THE ORDER DATED:4.1.08 PASSED BY THE IV ACMM,
BANGALORE IN C.C.NO.8015/2000.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The complainant in PCR No.939/1999, subsequently registered as C.C. No.8015/2000, on the file of the IV Addl. Chief Metropolitan Magistrate, Bangalore, has come up in this petition seeking to set aside the order dated 04.01.2008 in dismissing the said complaint for non- prosecution as also the order dated 03.04.2010 passed by -4- the Prl. City Civil and Sessions Judge, Bangalore, in Crl.R.P. No.453/2008, in dismissing the said revision petition filed by it for non-prosecution.
2. Admittedly, private complaint was initiated against respondents 1 to 7 (accused Nos.1 to 7 in the Court below) in PCR No.939/1999 for inducing the complainant to part with money for issue of false and fabricated bank guarantee. Admittedly, offences alleged against accused Nos.1 to 7 are punishable under Sections 403, 405, 406, 409, 418, 420, 425, 426 read with Section 34 of IPC. It is seen that the 1st respondent is a Company having its branch at Mumbai and respondents 2 to 8 are also not residents of Bangalore and they are either residing or having their office at Mumbai. Therefore, earlier attempt on the part of the complainant to get them served has not been fructified and when the matter was at the stage of taking further steps, since the petitioner herein, complainant, was not before the Court, the same was dismissed for default in C.C. No.8015/2000, which is registered pursuant to PCR No.939/1999, by order dated -5- 04.01.2008. Subsequently, in revision petition, Crl.R.P. No.453/2008, filed by the petitioner also, there is failure on his part to take steps and when the matter was posted on 03.04.2010, since the petitioner was not present, the Sessions Judge dismissed the revision petition also for default.
3. Heard the learned counsel for petitioner. Considering the nature of offences alleged against respondents 1 to 7 herein, dismissing the complaint and criminal revision petition on technical grounds would work detrimental to the interest of the petitioner/complainant and it would be to the advantage of accused alleged to have committed serious offence against petitioner herein.
4. In that view of the matter, considering that respondents, inspite of service of notice in these proceedings, having remained absent, the criminal petition is allowed. The order passed by the IV Addl. Chief -6- Metropolitan Magistrate, Bangalore, dated 04.01.2008 in dismissing the complaint in PCR No.939/1999, which was subsequently registered as C.C. No.8015/2000, for non- prosecution and the order passed by the Prl. City Civil and Sessions Judge, Bangalore, dated 03.04.2010 in Crl.R.P. No.453/2008 dismissing the same for default are hereby set aside and complaint in C.C. No.8015/2000 is hereby restored to the file of IV Addl. CMM., Bangalore. The restored C.C. No.8015/2000 shall be called by the trial Court on 28.04.2014, on which day, the petitioner herein, who is complainant in the said proceedings, shall appear before the Court and take necessary steps for service of notice to unserved accused, respondents herein.
Sd/-
JUDGE sma