Karnataka High Court
Sri Dastagir Sab vs M/S. Dutta And Kannan Developers ... on 14 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:25940
CRL.P No. 8910 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO.8910 OF 2025
BETWEEN:
SRI DASTAGIR SAB
S/O SRI ABDUL KUDDUSH,
AGED ABOUT 45 YEARS,
PROPRIETOR OF DS ENTERPRISES,
NO.114, GROUND FLOOR,
GREEN GLEN LAYOUT,
BELLANDUR, BENGALURU-560103
...PETITIONER
(BY SRI SAIPRAKASH V SURYAVANSHI, ADVOCATE)
AND:
M/S DUTTA AND KANNAN DEVELOPERS VENTURES
PVT LTD
NO.61, 2ND FLOOR, 100 FEET ROAD,
INDIRANAGAR, BENGALURU- 560038
Digitally REPT. BY MANAGING DIRECTOR
signed by SRI INDRANEEL DUTTA
VALLI
MARIMUTHU ...RESPONDENT
Location:
HIGH COURT THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED
OF
KARNATAKA U/S 528 BNSS) PRAYING TO MODIFY THE IMPUGNED ORDER
DTD 30.07.2024 PASSED BY THE PRL. CITY AND SESSIONS
JUDGE, BENGALURU IN CRL.A.NO.25269/2024 AS PER
DOCUMENT NO.1 TO THE EXTENT THAT REDUCE THE
PERCENTAGE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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NC: 2025:KHC:25940
CRL.P No. 8910 of 2025
HC-KAR
ORAL ORDER
In this petition, petitioner seeks modification of the impugned order dated 30.07.2024 passed in Criminal Appeal No.25269/2024 and for other reliefs.
2. Heard learned counsel for the petitioner and perused the material on record.
3. The respondent-complainant instituted the instant proceedings in C.C. No.56487/2022 against the petitioner-accused, which culminated in the impugned judgment of conviction and sentence dated 29.06.2024 against the petitioner, who assailed the same in the pending Criminal Appeal No.25269/2024. In the said appeal, the petitioner having filed an application seeking stay of the trial Court judgment, the First Appellate Court proceeded to pass the impugned order dated 30.07.2024 staying the judgment of the trial Court subject to the petitioner depositing 20% of the fine amount within a period of six weeks from 30.07.2024. -3-
NC: 2025:KHC:25940 CRL.P No. 8910 of 2025 HC-KAR
4. In this context, it is relevant to state that it has been almost one year from the date of the impugned order dated 30.07.2024 and as such the question of interfering with the impugned order in the facts and circumstances of the case would not arise in the present petition, which is accordingly dismissed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE VBS List No.: 2 Sl No.: 31