Karnataka High Court
Mr Manoranjan A M vs Mr R C Devraj on 13 July, 2012
Author: Subhash B.Adi
Bench: Subhash B Adi
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI
CRIMINAL PETITION NO.3259/2012
BETWEEN :
MR MANORANJAN A M
S/O MANJAPPA GOWDA,
MAJOR, TERRA COOL SOLUTIONS,
# 1/108,RKRK BUILDING, OPP: 16TH CROSS,
KAGGADASPURA MAIN ROAD,
C.V. RAMAN NAGAR,
BANGALORE-93. ...PETITIONER
( By Sri.P.P.HEGDE, ADV. FOR SRI.H MALATESH, ADV. )
AND :
MR R C DEVRAJ
NAVKAR MARKETING
IMPORT,EXPORT REPRESENTATIVE
# 4, 7TH CROSS, MAGADI ROAD,
BANGALORE -23
ALSO SERVED AT: C/O BOROSIL GLASS,
# 4, 7TH CROSS,
MAGADI ROAD, BANGALORE-23. ...RESPONDENT
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO SET ASIDE THE IMPUGNED ORDER DT.16.3.2012 IN
C.C.NO.26696/2011 PASED BY THE XIV ACMM., BANGALORE,
DISMISSING THE MATTER FOR NON-PROSECUTION, ETC.,.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
2
ORDER
Before issuing of summons, complaint has been dismissed. Hence, notice to respondent is dispensed with.
2. After taking cognizance and recording the sworn statement, learned Magistrate based on the material produced by the complainant ordered for registration of the criminal case and also issued summons. However, the complainant has failed to appear and also to take steps, as such, the complaint was dismissed by order dated 16.3.2012.
3. Considering the circumstances and the explanation offered by the petitioner, I find that one more opportunity could be granted to the petitioner.
Accordingly, the petition is allowed. The order dated 16.3.2012 in C.C.No.26696/2011 is hereby set aside. The learned Magistrate shall proceed from the stage where it was stopped. Complainant to take effective steps forthwith.
Sd/-
JUDGE KNM/-