Karnataka High Court
M/S Roma Builders vs Sri Kuna Sridhar on 3 November, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:39550
WP No. 24328 of 2023 C/W WP No. 22512 of
2023, WP No. 22513 of 2023, WP No. 22550
of 2023, WP No. 22582 of 2023, WP No.
24330 of 2023, WP No. 24333 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 24328 OF 2023 (GM-RES)
C/W
WRIT PETITION NO. 22512 OF 2023 (GM-RES)
WRIT PETITION NO. 22513 OF 2023 (GM-RES)
WRIT PETITION NO. 22550 OF 2023 (GM-RES)
WRIT PETITION NO. 22582 OF 2023 (GM-RES)
WRIT PETITION NO. 24330 OF 2023 (GM-RES)
WRIT PETITION NO. 24333 OF 2023 (GM-RES)
IN WRIT PETITION NO. 24328 OF 2023:
BETWEEN:
1. M/S ROMA BUILDERS
NATURE OF THE COMPANY REAL ESTATE
Digitally signed by B ROMA HOUSE THE PATRIA
K NO. 346, A BLOCK, 1ST MAIN, AECS LAYOUT
MAHENDRAKUMAR
Location: HIGH KUDALAHALLI, BENGALURU-560 037
COURT OF REPRESENTED BY ITS MANAGING DIRECTOR.
KARNATAKA
2. MR. TUMATI RAVI KUMAR
MANAGING PARTNER, M/S ROMA BUILDERS
NO. 185, 1ST CROSS A BLOCK
AECS LAYOUT, BENGALURU 560 036
...PETITIONERS
(BY SRI. DILIP KUMAR I S, ADVOCATE)
AND:
SRI KUNA SRIDHAR
S/O KUNA SATHYA NARAYANA CHETTY
AGED MAJOR, R/AT NO. 27, 8th CROSS
-2-
NC: 2023:KHC:39550
WP No. 24328 of 2023 C/W WP No. 22512 of
2023, WP No. 22513 of 2023, WP No. 22550
of 2023, WP No. 22582 of 2023, WP No.
24330 of 2023, WP No. 24333 of 2023
J S NAGARA NANDINI LAYOUT
BENGALURU 560 096.
...RESPONDENT
(SERVE NOTICE TO RESPONDENT,
DISPENSED WITH V/O DATED 03-11-2023)
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA READ WITH SECTION 482 OF CODE OF CRIMINA PROCEDURE,
1973 PRAYING TO CALL FOR THE RECORDS FROM HONBLE LXVIII
ACC AND SJ ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH
69) AT BANGALORE CITY IN CRL.A.NO.238/2022, EXAMINE THE
LEGALITY AND CORRECTNESS OF THE ORDER AND SET ASIDE THE
ORDER DTD 23.08.2023 AND PERMIT THE PETITIONERS COMPLY
THE ORDER OF THE APPELLATE COURT DTD 08.03.2022, PRODUCED
AT ANNEXURE-C BY ALLOWING THE APPLICATION DTD 23.08.2023
AND ETC.
IN WRIT PETITION NO. 22512 OF 2023:
BETWEEN:
1. M/S ROMA BUILDERS
NATURE OF THE COMPANY
REAL ESTATE, ROMA HOUSE-THE PATRIA
NO. 346, A BLOCK, 1ST MAIN
AECS LAYOUT, KUDALAHALLI
BENGALURU - 560 037
REPRESENTED BY ITS MANAGING DIRECTOR.
2. MR. TUMATI RAVI KUMAR
MANAGING PARTNER, M/S ROMA BUILDERS
NO 185, 1ST CROSS, A BLOCK
AECS LAYOUT, BENGALURU-560 036.
...PETITIONERS
(BY SRI. DILIP KUMAR I S., ADVOCATE)
AND:
SMT. ASHWINI
W/O SRI. KUNA SHRIDHAR
AGED MAJOR, R/AT NO. 27, 8TH CROSS
J S NAGARA NANDINI LAYOUT
BENGALURU - 560 096.
...RESPONDENT
(SERVE NOTICE TO RESPONDENT,
DISPENSED WITH V/O DATED 03-11-2023)
-3-
NC: 2023:KHC:39550
WP No. 24328 of 2023 C/W WP No. 22512 of
2023, WP No. 22513 of 2023, WP No. 22550
of 2023, WP No. 22582 of 2023, WP No.
24330 of 2023, WP No. 24333 of 2023
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA READ WITH SECTION 482 OF CODE OF CRIMINA PROCEDURE,
1973 PRAYING TO CALL FOR THE RECORDS FROM HONBLE LXVIII
ACC AND SJ ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH
69) AT BANGALORE CITY IN CRL.A.NO.236/2022, EXAMINE THE
LEGALITY AND CORRECTNESS OF THE ORDER AND SET ASIDE THE
ORDER DTD 23.08.2023 AND PERMIT THE PETITIONERS COMPLY
THE ORDER OF THE APPELLATE COURT DTD 08.03.2022, PRODUCED
AT ANNEXURE-C BY ALLOWING THE APPLICATION DTD 23.08.2023
AND ETC.
IN WRIT PETITION NO. 22513 OF 2023:
BETWEEN:
1. M/S ROMA BUILDERS
NATURE OF THE COMPANY REAL ESTATE
ROMA HOUSE THE PATRIA
NO 346, A BLOCK, 1ST MAIN
AECS LAYOUT, KUDALAHALLI
BENGALURU - 560 037
REPRESENTED BY ITS MANAGING DIRECTOR.
2. MR. TUMATI RAVI KUMAR
MANAGING PARTNER, M./S ROMA BUILDERS
NO 185, 1ST CROSS, A BLOCK
AECS LAYOUT, BENGALURU - 560 036.
...PETITIONERS
(BY SRI. DILIP KUMAR I S, ADVOCATE)
AND:
SRI. KUNA SRIDHAR
S/O KUNA SATHYA NARAYANA CHETTY
AGED MAJOR, R/AT NO. 27, 8TH CROSS
J S NAGARA NANDINI LAYOUT
BENGALURU - 560 096.
...RESPONDENT
(SERVE NOTICE TO RESPONDENT,
DISPENSED WITH V/O DATED 03-11-2023)
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA READ WITH SECTION 482 OF CODE OF CRIMINA PROCEDURE,
1973 PRAYING TO CALL FOR THE RECORDS FROM HONBLE LXVIII
-4-
NC: 2023:KHC:39550
WP No. 24328 of 2023 C/W WP No. 22512 of
2023, WP No. 22513 of 2023, WP No. 22550
of 2023, WP No. 22582 of 2023, WP No.
24330 of 2023, WP No. 24333 of 2023
ACC AND SJ ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH
69) AT BANGALORE CITY IN CRL.A.NO.239/2022, EXAMINE THE
LEGALITY AND CORRECTNESS OF THE ORDER AND SET ASIDE THE
ORDER DTD 23.08.2023 AND PERMIT THE PETITIONERS COMPLY
THE ORDER OF THE APPELLATE COURT DTD 08.03.2022, PRODUCED
AT ANNEXURE-C BY ALLOWING THE APPLICATION DTD 23.08.2023
AND ETC.
IN WRIT PETITION NO. 22550 OF 2023:
BETWEEN:
1. M/S ROMA BUILDERS
NATURE OF THE COMPANY REAL ESTATE
ROMA HOUSE THE PATRIA
NO 346, A BLOCK, 1ST MAIN
AECS LAYOUT, KUDALAHALLI
BENGALURU 560 037
REPRESENTED BY ITS MANAGING DIRECTOR.
2. MR TUMATI RAVI KUMAR
MANAGING PARTNER, M/S ROMA BUILDERS
NO 185, 1ST CROSS A BLOCK
ACES LAYOUT, BENGALURU 560 036.
...PETITIONERS
(BY SRI. DILIP KUMAR I S, ADVOCATE)
AND:
SRI. KUNA SRIDHAR
S/O KUNA SATHYA NARAYANA CHETTY
AGED MAJOR, R/AT NO 27, 8TH CROSS
J S NAGARA NANDINI LAYOUT
BENGALURU 560 096.
...RESPONDENT
(SERVE NOTICE TO RESPONDENT,
DISPENSED WITH V/O DATED 03-11-2023)
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA READ WITH SECTION 482 OF CODE OF CRIMINA PROCEDURE,
1973 PRAYING TO CALL FOR THE RECORDS FROM HONBLE LXVIII
ACC AND SJ ADDL CITY CIVIL AND SESSIONS JUDGE (CCH 69) AT
BANGALORE CITY IN CRL. A. NO. 240/2022, EXAMINE THE LEGALITY
AND CORRECTNESS OF THE ORDER AND SET ASIDE THE ORDER
DATED 23/08/2023 AND PERMIT THE PETITIONERS COMPLY THE
-5-
NC: 2023:KHC:39550
WP No. 24328 of 2023 C/W WP No. 22512 of
2023, WP No. 22513 of 2023, WP No. 22550
of 2023, WP No. 22582 of 2023, WP No.
24330 of 2023, WP No. 24333 of 2023
ORDER OF THE APPELLATE COURT DATED 08/03/2022, PRODUCED
AT ANNEXURE-C BY ALLOWING THE APPLICATION DATED
23/08/2023 VIDE ANNEXURE-C AND ETC.
IN WRIT PETITION NO. 22582 OF 2023:
BETWEEN:
1. M/S ROMA BUILDERS
NATURE OF THE COMPANY
REAL ESTATE, ROMA HOUSE- THE PATRIA
NO 346, A BLOCK, 1ST MAIN
AECS LAYOUT, KUDALAHALLI
BENGALURU - 560 037
REPRESENTED BY ITS MANAGING DIRECTOR.
2. MR. TUMATI RAVI KUMAR
MANAGING PARTNER, M/S ROMA BUILDERS
NO 185, 1ST CROSS, A BLOCK
AECS LAYOUT, BENGALURU - 560 036.
...PETITIONERS
(BY SRI. DILIP KUMAR I S, ADVOCATE)
AND:
SRI KUNA SRIDHAR
S/O KUNA SATHYA NARAYANA CHETTY
AGED MAJOR, R/AT NO. 27, 8TH CROSS
J S NAGARA NANDINI LAYOUT
BENGALURU - 560 096.
...RESPONDENT
(SERVE NOTICE TO RESPONDENT,
DISPENSED WITH V/O DATED 03-11-2023)
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA READ WITH SECTION 482 OF CODE OF CRIMINA PROCEDURE,
1973 PRAYING TO CALL FOR THE RECORDS FROM HONBLE LXVII
ACC AND SJ ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH
69) AT BANGALORE CITY IN CRL.A.NO.241/2022, EXAMINE THE
LEGALITY AND CORRECTNESS OF THE ORDER AND SET ASIDE THE
ORDER DTD 23.08.2023 AND PERMIT THE PETITIONERS COMPLY
THE ORDER OF THE APPELLATE COURT DTD 08.03.2022 PRODUCED
AT ANNEXURE-C BY ALLOWING THE APPLICATION DTD 23.08.2023
AND ETC.
-6-
NC: 2023:KHC:39550
WP No. 24328 of 2023 C/W WP No. 22512 of
2023, WP No. 22513 of 2023, WP No. 22550
of 2023, WP No. 22582 of 2023, WP No.
24330 of 2023, WP No. 24333 of 2023
IN WRIT PETITION NO. 24330 OF 2023:
BETWEEN:
1. M/S ROMA BUILDERS
NATURE OF THE COMPANY
REAL ESTATE, ROMA HOUSE THE PATRIA
NO 346, A BLOCK, 1ST MAIN
AECS LAYOUT, KUDALAHALLI
BENGALURU 560 037
REPRESENTED BY ITS MANAGING DIRECTOR.
2. MR TUMATI RAVI KUMAR
MANAGING PARTNER, M/S ROMA BUILDERS
NO 185, 1ST CROSS A BLOCK
AECS LAYOUT, BENGALURU 560 036.
...PETITIONERS
(BY SRI. DILIP KUMAR I S.,ADVOCATE)
AND:
1. SRI.KUNA SRIDHAR
S/O KUNA SATHYA NARAYANA CHETTY
AGED MAJOR, R/AT NO 27, 8TH CROSS
J S NAGARA NANDINI LAYOUT
BENGALURU 560 096.
...RESPONDENT
(SERVE NOTICE TO RESPONDENT,
DISPENSED WITH V/O DATED 03-11-2023)
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA READ WITH SECTION 482 OF CODE OF CRIMINA PROCEDURE,
1973 PRAYING TO CALL FOR THE RECORDS FROM HONBLE LXVIII
ACC AND SJ ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH
69) AT BANGALORE CITY IN CRL.A.NO.237/2022, EXAMINE THE
LEGALITY AND CORRECTNESS OF THE ORDER AND SET ASIDE THE
ORDER DTD 23.08.2023 AND PERMIT THE PETITIONERS COMPLY
THE ORDER OF THE APPELLATE COURT DTD 08.03.2022, PRODUCED
AT ANNEXURE-C BY ALLOWING THE APPLICATION DTD 23.08.2023
AND ETC.
-7-
NC: 2023:KHC:39550
WP No. 24328 of 2023 C/W WP No. 22512 of
2023, WP No. 22513 of 2023, WP No. 22550
of 2023, WP No. 22582 of 2023, WP No.
24330 of 2023, WP No. 24333 of 2023
IN WRIT PETITION NO. 24333 OF 2023:
BETWEEN:
1. M/S ROMA BUILDERS
NATURE OF THE COMPANY, REAL ESTATE
ROMA HOUSE THE PATRIA, NO.346
A BLOCK, 1ST MAIN, AECS LAYOUT
KUDALAHALLI, BENGALURU 560 037
REP. BY ITS MANAGING DIRECTOR.
2. MR TUMATI RAVI KUMAR
MANAGING DIRECTOR, M/S ROMA BUILDERS
NO.185, 1ST CROSS, A BLOCK
AECS LAYOUT, BENGALURU 560 036.
...PETITIONERS
(BY SRI. DILIP KUMAR I S.,ADVOCATE)
AND:
SRI KUNA SRIDHAR
S/O KUNA SATHYA NARAYANA CHETTY
AGED MAJOR, R/AT NO.27, 8TH CROSS
J S NAGARA, NANDINI LAYOUT
BENGALURU 560 096.
...RESPONDENT
(SERVE NOTICE TO RESPONDENT,
DISPENSED WITH V/O DATED 03-11-2023)
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF
INDIA READ WITH SECTION 482 OF CODE OF CRIMINA PROCEDURE,
1973 PRAYING TO CALL FOR THE RECORDS FROM HONBLE LXVIII
ACC AND SJ ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH
69) AT BANGALORE CITY IN CRL.A.O.242/2022, EXAMINE THE
LEGALITY AND CORRECTNESS OF THE ORDER AND SET ASIDE THE
ORDER DTD 23.08.2023 AND PERMIT THE PETITIONERS COMPLY
THE ORDER OF THE APPELLATE COURT DTD 08.03.2022, PRODUCED
AT ANNEXURE-C BY ALLOWING THE APPLICATION DTD 23.08.2023
AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC:39550
WP No. 24328 of 2023 C/W WP No. 22512 of
2023, WP No. 22513 of 2023, WP No. 22550
of 2023, WP No. 22582 of 2023, WP No.
24330 of 2023, WP No. 24333 of 2023
ORDER
The petitioners, who have been convicted for the offence punishable under Section 138 of N I Act, filed criminal appeals before the learned Sessions Judge. The learned Sessions Judge suspended the sentence subject to condition that the petitioners shall deposit 20% of the fine amount. The petitioners having failed to deposit the said amount within the time stipulated filed the applications for extension of time for depositing 20% of the fine amount before the learned Sessions Judge. The learned Sessions Judge dismissed the applications. Hence, these petitions.
2. The service of notice to the respondent is dispensed with.
3. The learned counsel for the petitioners on instructions submits that the petitioners will deposit 20% of the fine amount in the light of the order dated 8.3.2022 passed in Criminal Appeals within ten days from today.
4. The submission is placed on record.
5. The petitioners in these petitions are willing to deposit 20% of the fine amount. No prejudice will be caused if the time granted for depositing 20% of the fine amount is extended. Accordingly, I pass the following:
ORDER
i) Writ petitions are allowed. -9-
NC: 2023:KHC:39550 WP No. 24328 of 2023 C/W WP No. 22512 of 2023, WP No. 22513 of 2023, WP No. 22550 of 2023, WP No. 22582 of 2023, WP No. 24330 of 2023, WP No. 24333 of 2023
ii) The impugned order dated 23.8.2023 in Crl.A Nos.238, 237, 242, 236, 241, 239 and 240 of 2022, passed by the learned LXVIII ACC & SJ, Bengaluru, are hereby quashed and consequently, the applications filed for extending the time for depositing the fine amount is hereby allowed.
iii) The petitioners are permitted to deposit 20% of the fine amount within ten days from the date of receipt of this order, failing which, the complainant is at liberty to proceed against the petitioners in accordance with law.
Sd/-
JUDGE BKM