IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4437 OF 2014 BETWEEN:
1. SMT.DEVYANI ASHRA SOLICITOR, ASHRA ASSOCIATES, R/O NO.411, SURYA KIRAN, 19, KASTURBA GANDHI MARG, NEW DELHI-110 001.
2. ASHRA ASSOCIATES, NO.411, SURYA KIRAN, 19, KASTURBA GANDHI MARG, NEW DELHI-110 001.
REPRESENTED ITS AUTHORISED SIGNATORY/PARTNER, SMT. DEVYANI ASHRA.
(BY SRI: B.SHEKARAPPA, ADVOCATE) AND:
MR.P.DAYANANDA PAI S/O. LATE P.NARASIMHA PAI, AGED ABOUT 65 YEARS, R/O NO.10/1, LAKSHMINARAYANA COMPLEX, ... PETITIONERS GROUND FLOOR, PALACE ROAD, BANGALORE-560 052.
(BY SRI: S MAHESH, ADVOCATE) ... RESPONDENT THIS CRL.P IS FILED U/S. 482 CR.P.C PRAYING TO(a) SET ASIDE/QUASH THE IMPUGNED ORDER DATED:21.6.14 PASSED IN CR.RP.NO.378/14 BY THE FTC-II, BANGALORE.(b) SET ASIDE /QUASH THE IMPUGNED ORDER DATED:16.4.13 PASSED BY THE XV ADDL.C.M.M., BANGALORE IN C.C.NO.46991/10 (PCR NO.23759/2009) WHEREIN PROCLAMATION AND NON-BAILABLE WARRANT IS ISSUED AGAINST THE PETR. ON THE APPLICATION FILED U/S 82 OF CR.P.C. BY THE PETR. (c) SET ASIDE/QUASH THE IMPUGNED ORDER DATED:24.10.13 PASSED BY THE XV ADDL.C.M.M., BANGALORE IN C.C.NO.46991/10 (PCR NO.23759/09) BY REJECTING THE MEMO DATED:24.10.13 AND ADVANCEMENT APPLICATION DATED:24.10.13. (d) DIRECT THE RESPONDENT TO WITHDRAW THE COMPLAINT/CRIMINAL CASE NO.46991/10 FILED BY HIM AGAINST THE PETR. ON THE FILE OF THE XV ADDL.C.M.M., BANGALORE, IN PURSUANCE OF SUPREME COURT JUDGMENT/ORDER SINCE THE ENTIRE CHEQUE AMOUNT WITH INTEREST PAID BY THE PETR. TO THE RESPONDENT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This petition is filed under Section 482 Cr.P.C. seeking to set-aside/quash the order dated 24.10.2013 passed by the XV Addl. Chief Metropolitan Magistrate, Bengaluru in C.C.No.46991/2010 and to direct the respondent to withdraw the complaint in Criminal Case No.46991/2010.
2. When the matter is taken up for hearing, learned counsel for the petitioners and learned counsel for the respondent have filed a memo. The said memo reads as under:-
MEMO It is submitted that as per the calculations of the respondent, the petitioner has to pay an amount of Rs.25,62,151.00/- which amount the petitioner has agreed to pay. Petitioner has deposited an amount of Rs.6,04,835/- before the Hon’ble 21st ACMM in C.C.No.46991/2010 and agreeable to pay the balance amount of Rs.19,57,316/- within a period of 3 weeks from today, subject to the payment of entire amount of Rs.25,62,151/-(Rupees Twenty Five Lakhs Sixty Two Thousand One Hundred and Fifty One only) respondent has no objection to close the case.
Further the respondent may be permitted to withdraw the deposit amount of Rs.6,04,835/- from the Hon’ble 21st ACMM.
Petitioner has undertaken that they shall pay the balance amount of Rs.19,57,316/- within 8 weeks & agrees that subject to the payment of the above amount, C.C.No.46991/2010 pending against her may be closed.”
3. In terms of the said memo, the respondent is permitted to withdraw the amount of Rs.6,04,835/- lying in deposit in the Court of XXI Addl. Chief Metropolitan Magistrate, Bengaluru.
On payment of the remaining amount of Rs.19,57,360/- by the petitioners herein to the respondent herein in terms of the aforesaid memo, the proceedings pending against the petitioners in C.C.No.46991/2010 shall stand quashed. In default, the proceedings will be revived.
Ordered accordingly.
Petition is allowed in terms of the above order.
Sd/- JUDGE *mn/-