IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6622/2015 BETWEEN:
1. M/S. MARCATUS QED INC (COMPANY REGISTERED IN CANADA) HAVING ITS HEAD OFFICE AT:No.43 HANNA AVENUE, UNIT C-424 TORONTO, ONTARIO CANADA – M6K 1X1 REPRESENTED BY ITS PRESIDENT AND CHIEF EXECUTIVE OFFICER: MR.MURALI SUNDAR.
2. M/S. MARCATUS QED INDIA PRIVATE LIMITED (COMPANY REGISTERED IN INDIA) HAVING ITS OFFICE AT:No.8, 3RD FLOOR, P & T COLONY, R.T.NAGAR BENGALURU – 560 032.
REPRESENTED BY ITS CHIEF EXECUTIVE DIRECTOR MR.SOMANNA.
3. MR.MURALI SUNDAR AGED ABOUT 49 YEARS No.43, HANNA, AVENUE UNIT C-424, TORONTO, ONTARIO, CANADA – M6K 1X1.
4. SMT.PREETI VERMA CHIEF FINANCIAL OFFICER(CFO) AGED ABOUT 50 YEARS No.43, HANNA AVENUE UNIT C-424, TORONTO ONTARIO, CANADA – M6K 1X1.
…PETITIONERS (BY SRI SRIVATSA SENIOR COUNSEL A/W SRI GERALD MANOHARAN, ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER INDIRANAGAR POLICE STATION REPRESENTED BY:
SPECIAL PUBLIC PROSECUTOR HON’BLE HIGH COURT BANGALORE – 560 001.
2. M/S.GREEN AGRO PACK PVT. LTD. HAVING ITS OFFICE AT:No.232 13TH CROSS, 6TH MAIN, INDIRANAGAR II STAGE, BANGALORE – 560 038.
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR SRI B M DEVAIAH S/O LATE THIMMAIAH AGE ABOUT 59 YEARS.
... RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1 SRI MARUTHI S H, ADVOCATE FOR SRI JOSHUA A HUDSON SAMUEL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO A. QUASH THE COMPLAINT DATED 27.05.2014 BEARING P.C.R.No.52025/2014 PREFERRED BY THE RESPONDENT No.2 HEREIN, BEFORE THE HON’BLE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU(ANNEXURE-A). B. QUASH THE ORDER DATED 26.06.2014, PASSED BY THE HON’BLE TRIAL COURT IN MATTER BEARING P.C.R.No.52025/2014, PENDING IN THE FILE OF THE HON’BLE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. (ANNEXURE-B). C. QUASH THE FIR BEARING No.275/2014, DATED 26.07.2014, REGISTERED BY THE RESPONDENT No.1 POLICE, FOR ALLEGED OFFENCES UNDER SECTION 420 AND 120-B OF I.P.C.(ANNEXURE-C).
D. QUASH THE ENTIRE PROCEEDINGS IN THE SAID MATTER BEARING P.C.R.No.52025/2014, PENDING IN THE FILE OF THE HON’BLE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU(ANNEXURE-B).
THIS CRIMINAL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned Senior counsel for petitioners and learned counsel for respondent No.2 and learned SPP II for respondent No.1.
2. Even though the petitioners has urged large number of contentions on question of facts and law, yet learned Senior Counsel has confined his submission only on the procedural illegality committed by learned Magistrate in issuing summons to the petitioners without following the mandate under Section 202 of Cr.P.C..
3. Undisputedly, all the petitioners herein are the residents beyond the limits of Bangalore courts. Under the said circumstances, as per the mandate contained in Section 202 of Cr.P.C., learned Magistrate ought to have conducted enquiry as contemplated under Section 202 of Cr.P.C., before proceeding in the matter.
4. In that view of the matter, reserving all the factual and legal contentions urged by the parties for consideration at the appropriate stage, the impugned order dated 26.6.2014 and the consequent proceeding are quashed.
The matter is remitted to the learned Magistrate to consider the complaint afresh after complying with the requirements of Section 202 of Cr.P.C. and other relevant provisions of the Code and thereafter proceed in accordance with law.
Sd/- JUDGE tsn*