IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI Crl.P. No.5667/2019 BETWEEN:
Smt.Radhika Aithal w/o Santhosh Aithal Aged about 28 years R/a No.1275, 25th A Main Road, Jayanagara, 9th Block Bengaluru-560069. … Petitioner (By Sri Balakrishna M R, Advocate) AND:
M/s.Megha Agrotech Pvt. Ltd.
R/by Ranganath Prasad s/o late Rangaswamy Iyengar Aged about 63 years Managing Director M/s.Megha Agro Tech Pvt. Ltd., No.196, Arekere, Bannerughatta Road, Bengaluru – 560 076. ... Respondent This petition is filed under Section 482 of Cr.PC praying to set aside the order dated 21.3.2019 passed by the Hon’ble XLII Addl. Chief Metropolitan Magistrate, Bengaluru in CC No.22762/2017 rejecting the applications filed by the petitioner U/S 91(1) Cr.PC and an application U/S 145(2) of the NI Act R/W 311 of the Code of Criminal Procedure and allow the said applications.
This petition is coming on for admission this day, the Court made the following:-
ORDER Petitioner has questioned the validity of order dated 21.3.2019, whereby the Magistrate has rejected the petitioner’s application filed under Sections 91(1) and 311 of Cr.PC.
2. Undisputedly, petitioner’s application under Section 91 of Cr.PC was earlier filed and petitioner suffered an order dated 29.10.2018, which has attained finality. She has not questioned the validity of the said order. Further, it is to be noted that application under Section 311 of Cr.PC is for examination of Branch Manager. Such application is nothing but dragging the matter.
3. Perusal of order dated 21.3.2019 and reasoning assigned by the Court below, there is no infirmity so as to interfere with the order. Petitioner has not made out a case.
Accordingly, petition stands dismissed.
Sd/- JUDGE Bkm