IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3483 OF 2017 BETWEEN:
M/S. KAIMUR MINERALS PVT LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, AND HAVING ITS REGD. OFFICE AT NO.Q11/86 NAYA MAHADA, RAJGAHT, VARANASI-221 001 UTTAR PRADESH REPRESENTED BY ITS DIRECTOR ... PETITIONER (BY SHRI. VENKATESHA C. SHARMA, ADVOCATE) AND:
SRI. K. GANESH SON OF LATE M. KRISHNAPPA AGED ABOUT 37 YEARS RESIDING AT NO.329 3RD CROSS, KODIHALLI BENGALURU-560 008 ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH ENTERED PROCEDINGS IN C.C.NO.50449/2016 PENDING ON THE FILE OF XIV A.C.M.M., MAYO HALL, BENGALURU AT ANNEXURE-A.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Shri Venkatesha C. Sharma, learned advocate for the petitioner has filed a memo of even date, which reads as follows:
“M E M O That under singed counsel appearing for the petitioner submits that after filing above petition, the proceedings in CC. NO. 50449/2016 was dismissed by Trial Court for default, hence petition filed become infractuous and it may be dismissed as withdrawn with a liberty to file petition in the event of restoration of CC No. 50449/2016, in the interest of justice and equity.” (sic) 2. Memo is placed on record. The petition is accordingly dismissed as withdrawn with liberty as prayed for.
3. In view of dismissal of the petition, I.A.No.1/2017 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV