IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 6185/2017 BETWEEN:
M/s. KMC Constructions Ltd., Corporate Office at Plot No.85, Road No.72, Prashanth Nagar, Jubilee Hills, Hyderabad-500 033 OR Having its site office at No.3-19/4(1), Shivanidhi, Budaloory Compound, APMC Road, Puttur-574201 Represented by its Director Mr. M.Pruthvi Reddy S/o Raju Mohan Reddy Aged 41 years. ... PETITIONER (BY Sri Sampath Anand Shetty, Adv. ) AND:
M/s. ACM Construction B.G.No.1, Adwalpalkar, VallyDarsam Bella-Vista SangoldaBardex, Goa-403 511 Represented by its Partner Mallikarjuna, Aged about 52 years, S/o Devappa Alakunte. …RESPONDENT This criminal petition is filed under section 482 of Cr.P.C. praying to quash the order dated 22.06.2017 passed by the learned Prl. Civil Judge and JMFC, Puttur, D.K., in PCR No.210/2013 in C.C.No.250/2013 in so far as it relates to allowing the application filed by the complainant/respondent herein the matter of summoning the Manager of Canara Bank, Puttur Branch to produce the 3 documents mentioned in the application dated 02.01.2016 filed by the respondent herein, on the ground that the same is a gross abuse of the provisions contained under the Code of Criminal Procedure as amended and grant the petitioner.
This Criminal Petition coming on for Admission this day, the Court made the following:
ORDER The learned counsel though argued on the merits of the petition, however submitted that the petitioner has to travel from Hyderabad to Puttur on all the occasions. Therefore the learned counsel seeks for exemption of the accused petitioner from the appearance. However, this Court cannot directly pass any orders without looking into the genuineness of the circumstances and can only make an observation that the petitioner is at liberty to make such application before the jurisdictional court and on such application, if any, the Court on hearing the learned counsel for the accused can pass appropriate orders in accordance with law.
With these observation, the petition stands disposed of.
Sd/- JUDGE snb/-