M/S Skyline Construction And Housing ... vs Sri T D Kumarawell on 10 February, 2012

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Karnataka High Court

M/S Skyline Construction And Housing ... vs Sri T D Kumarawell on 10 February, 2012

Bench: N. Ananda

HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10™ DAY OF FEBRUARY 2012 -
BEFORE -

THE HON'BLE MR JUSTICE N. ANANDA.

CRIMINAL PETITION NO.749/ 2012 awe
a | Cs

M/S SKYLINE CONSTRUCTION & HOUSING Pvt LTD
NO.11, HAYES ROAD, BANGALOPE-560025

REP BY ITS AUTHORISED SIGHATORY |
& LEGAL OFFICER MR KIRAN KUMAR Re

.. PETITIONER
(By SRI 5S. MANE: 3H, av)

AND:

SRITD KUMARAVE LL
VASANTHAM, > os
NEW NO. 27, 1s STREET
MANGALINAGAR, ARUMBAKKAM

___ CHENNAI-600 196.
oS ALSO AT:

1. OLD NO. 46, NEW NO. 94 "A",

QxU FLOOR, PANCHALI AMMAN KOIL STREET

. ARUMBAKKAM, CHE NNAI-600106,

. 2. LAT NO.A-2, BLOCK-D,

'GOLDEN FORTUNE",

Bos GANGAI AMMAN NAGAR EXTN,.
-. KOYEMBEDU
~. CHENNAI ~ 600 107.

... RESPONDENT.


4IGH COURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COl

CRL.P FILED U/S. 482 CR.P.C PRAYING TO
DIRECT THE MAGISTRATE NOT TO CONDUCT TRIAL
FOR THE PURPOSE OF CONSIDERING | THE
APPLICATION FOR CONDONATION OF DELAY U/S ~
142(b) OF THE N.LACT IN P.C.R.NO.8024/ 10 PENDING»
ON THE FILE OF THE XV ACMM, BANGALORE. | .

THIS PETITION COMING ON | FOR ORDERS. THIS
DAY, THE COURT MADE THE FOLLOWING: mc

ORDER

The learned Counsel fer petitioner would submit that the Court below, before condoning delay has issued notice to accused and hes directed complainant to adduce evidence ti ostebbeh sufficient CALIBE.

2. The learned Counsel for petitioner submits that accused cannot be heerd before delay is condoned; even . fa accused | is notified, complainant need not be directed ' adduce evidence te prove sufficient cause.

3. Tne condenation of delay, when sufficient cause an is not established, would cause prejudice to accused. os : 'Therefore, accused has right te oppose the application. The sufficient cause is a question of fact, which has to be established by adducing evidence, unless the sufficient cause pleaded is not opposed by the other

4. Therefore, there is no merit in petition. petition is dismissed.

side.

HSIH WIVIVNGVH JO LYNOD HOIH WIVLYNYVN 4O LYNOD HSIH VNVIVNYVH 4O LYNOD HSIN WIVLYNUV JO LUNA. HOI WIVEV NEV AO LYNOD HOIH

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