IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5744/2017 BETWEEN:
1. M/S GOLDEN GATE PROPERTIES LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.820,80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU-560095 REPRESENTED BY ITS DIRECTOR, SRI.SANJAY RAJ 2. SRI C D SANJAY RAJ DIRECTOR AND CEO M/S GOLDEN GATE PROPERTIES LTD.
HAVING ITS REGISTERED OFFICE AT NO.820, 80 FEET ROAD, 8TH BLOCK KORAMANGALA, BENGALURU-560095 3. SRI K PRATHAP FORMER DIRECTOR M/S GOLDEN GATE PROPERTIES LTD. HAVING ITS REGISTERED OFFICE AT NO.820, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU-560095 PRESENTLY RESIDING AT:
8-2-703/4/P,ST NO.2, AVENUE 1, NEAR KERALA, AYURVEDIC LANE ROAD NO.12, BANJARA HILLS, HYDERABAD-500034 4. SRI ANIL KUMAR BAJAJ INDEPENDENT DIRECTOR, M/S GOLDEN GATE PROPERTIES LTD. HAVING ITS REGISTERED OFFICE AT NO.820, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU-560095 5. SRI KARUNAKARAN KRISHNAN DIRECTOR, M/S GOLDEN GATE PROPERTIES LTD. HAVING ITS REGISTERED OFFICE AT NO.820, 80 FEET ROAD 8TH BLOCK, KORAMANGALA, BENGALURU-560095 6. SRI VENKATA SATCHIDANDA BHANU MURTHY PANGANAMULA FORMER DIRECTOR, M/S GOLDEN GATE PROPERTIES LTD. HAVING ITS REGISTERED OFFICE AT NO.820, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU-560095 PRESENTLY RESIDING AT:
NO./203, RATNANIDHI RESIDENCY, BAPUJINAGAR, HMT NAGAR, NACHARAM, HYDERABAD-500076 7. SMT.DEVAKI SOWMYA FORMER DIRECTOR, M/S GOLDEN GATE PROPERTIES LTD. HAVING ITS REGISTERED OFFICE AT NO.820, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU-560095 PRESENTLY RESIDING AT:
115/FT/D/403, FORTUNE TOWERS, MADHAPUR, HYDERABAD-500081 ... PETITIONERS (By Sri.Tomy Sebastian, Sr.Counsel with Ms.Reny Sebastian, Adv.) AND:
SRI JAYARAM S/O RANGAPPA, AGED ABOUT 48 YEARS, R/AT NO.306, MAGADI ROAD, NORTH MUDDAYANAPALYA, BENGALURU-560091 . .. RESPONDENT (By Sri.K.Suman, Adv.) THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE PRAYING TO QUASH THE ORDER DATED 05.01.2017 ISSUING NON-BAILABLE WARRANT AGAINST THE PETITIONERS IN C.C.NO.409/2017 ON THE FILE OF XIII ADDL.C.M.M., BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned Sr.Counsel for the petitioners and learned counsel for respondent.
2. Petitioners are aggrieved by the order dated 5.7.2017 passed by the learned Magistrate in CC No.409/17. The impugned order reads as under:
“A1 to A7 is absent. Application u/s.205 Cr.PC filed Rejected. NBW to A1 to A7 if PF paid by 2.8.2017”
3. The impugned order is discretionary order. It does not warrant interference. However, as the learned Sr.Counsel submitted that petitioners undertake to appear before the Court on the next date of hearing. The trial Court may consider the application/s if filed by the petitioners in accordance with law.
The petition is dismissed.
Sd/- JUDGE Sk/-