IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7860 OF 2017 BETWEEN:
CRESCENT STEELS A PROPRIETARY CONCERN HAVING ITS OFFICE AT NO.5, GUNBOW STREET, 20 DOOSRA STREET MUMBAI-400 001, MAHARASTRA.
REPT. BY ITS PROPRIETOR MR. MURSTZA FAIZY ... PETITIONER (By Sri: ADINARAYAN, ADVOCATE) AND:
MODEL INFRA CORPORATION PVT LTD A COMPANY DULY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.065, SMK CHAMBERS, 1 A MAIN ROAD, SECTOR-A, NEW TOWN, YELAHANKA, BENGALURU 560 064.
REPT. BY ITS AUTHORISED REPRESENTATIVE AND MANAGER ACCOUNTS MR. PRASHANT A SURYAWANSHI.
... RESPONDENT (By Sri: PRASHANTH B K, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT FILED BY THE RESPONDENT AGAINST THE PETITIONER IN C.C.NO.210/2015 WHICH IS FILED BEFORE THE ADDL.C.M.M., MUMBAI AND SUBSEQUENTLY TRANSFERRED TO THE XXV ADDL. C.M.M., BANGALORE AND RENUMBERED AS C.C.NO.548/2017 WHICH IS PRODUCED AT ANNEXURE-B AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.548/2017 WHICH IS PENDING ON THE FILE OF XXV ADDL. C.M.M., BANGALORE WHICH IS PRODUCED AT ANNEXURE-A.
***** THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This petition is filed under section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.548/2017 pending on the file of XXV Addl. Chief Metropolitan Magistrate at Bengaluru.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
3. The sole grievance of the petitioner is that the Trial Court has issued NBW against the accused and in spite of moving an application under section 70(2) of Cr.P.C. on the subsequent date, the Trial Court has not passed any favourable order therein.
4. The remedy under section 482 of Cr.P.C., is not applicable in such situation. If for any reason the NBW has been issued by the court, Code contemplates the procedure for recall of the said warrant. Hence, the jurisdiction under section 482 cannot be exercised in the fact situation of the present case.
Hence, the criminal petition is dismissed.
I.A.No.3/2017 is rejected as it does not survive for consideration.
Sd/- JUDGE Bss.