IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.7514 OF 2019 BETWEEN:
KEMPATHIMMAIAH S/O. KEMPANNA AGED ABOUT 62 YEARS RESIDING AT NO.111, 12TH MAIN M.C.LAYOUT, VIJAYANAGAR BENGALURU – 560 040 ... PETITIONER (BY SRI HALASHETTI JAGADISH SIDRAMAPPA, ADV.,) AND:
H.K.KRISHNAPPA S/O. KEMPAHALAGAIAH AGED ABOUT 49 YEARS RESIDING AT NO.1513/A 9TH ‘B’ MAIN ROAD 6TH CROSS, SRINIVASNAGAR BANASHANKARI, BENGALURU – 560 050 …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 20.09.2019 IN CRL.A.NO.1454/2019 PASSED BY THE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU WHICH IS MARKED AS ANNEXURE-D TO THE PETITIONER AND GRANT ANOTHER FOUR WEEKS TIME, I.E., TILL 20.11.2019 TO THE PETITIONER TO DEPOSIT THE REMAINING 10 PERCENT OF FINE AMOUNT BEFORE THE COURT OF XIII ADDL.C.M.M., BENGALURU IN C.C.NO.11278/2015.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petition, the petitioner has prayed for the following reliefs:
“1) Set aside the order dated 20.09.2019 in Crl.A.1454/2019 passed by the LVI Addl.City Civil & Sessions Judge, Bengaluru, which is marked as Annexure-D to the petition;
2) Grant another four weeks time, i.e., till 20.11.2019, to the petitioner to deposit the remaining 10% of fine amount before the court of XIII Addl. Chief Metropolitan Magistrate, at Bengaluru, in C.C.No.11278/2015.
3) Grant any other order that this Hon’ble Court may be pleased to pass considering the facts and circumstances of the case, in the interest of justice and equity.”
2. Despite giving sufficient time for compliance of the order relating to deposit of 10% fine amount in C.C.No.11278/2015 passed by the Chief Metropolitan Magistrate, Bengaluru, the petitioner in order to drag the matter presented an application seeking extension of time and further he has preferred this petition.
3. Having regard to the facts and circumstances of the case and the fact that the petitioner has already availed time to comply the order passed in Crl.A.No.1454/2019 dated 20.09.2019 relating to C.C.No.11278/2015. Petitioner has not made out a case. Accordingly, the petition stands dismissed.
Sd/- JUDGE HJ