IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.3312 OF 2014 BETWEEN THE RESERVE BANK OF INDIA, A STATUTORY AUTHORITY CONSTITUTED UNDER, THE RESERVE BANK OF INDIA ACT, 1934, REPRESENTED BY ITS GENERAL MANAGER, MRS. VIJAYLAXMI D.KINI, DEPARTMENT OF NON BANKING SUPERVISION, REGIONAL OFFICE, NO.10/3/8, NRUPATHUNGA ROAD, BENGALURU-560 001.
... PETITIONER (BY SRI. T. SURYANARAYANA, ADV.,) AND 1. MAHA RASHTRA APEX CORPORATION LTD.
A COMPANAY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT SYNDICATE HOUSE, UPENDRA NAGAR, MANIPAL-576 104.
2. T. RAMESH U.PAI, CHITRAKALA, TO BE DELETED, AS MANIPAL-576 119, DECEASED VIDE MAJOR. ORDER DATED 17.10.2014.
3. T. SUDHAKAR PAI, CHITRAKALA, MANIPAL 576 119, MAJOR.
4. G. A. REGO, 19 B, KRISHNAPUR COLONY, MANIPAL-576 119, MAJOR.
(BY SRI. NAVEEN KUMAR, ADV., FOR ... RESPONDENTS SRI. A.MADHUSUDHANA RAO, ADV., FOR R1, R3 AND R4) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO (i) SET ASIDE THE ORDER DATED:4.1.14 PASSED BY THE PRL.S.J., UDUPI IN CRL.RP.NO.85/13 (ANNEXURE-'A'); (ii) QUASH THE ORDER DATED:23.8.13 PASSED BY THE ADDL.C.J. (JR.DN.) AND JMFC, UDUPI IN C.C.NO.5552/2003 (ANNEXURE- 'B'); (iii) RESTORE THE COMPLAINT FILED BY THE PETR. IN C.C.NO.5552/2003 TO THE FILE OF THE ADDL.C.J. (JR.DN.) AND JMFC, UDUPI.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is Reserve Bank of India, which is aggrieved by the order dated 23.08.2013, passed by the learned Magistrate dismissing the private complaint filed by the petitioner under Section 200 r/w 58 (b) (5) of the Reserve Bank of India Act, 1934. Criminal Revision Petition No.85/2013 filed against the said order is also dismissed by order dated 04.01.2014 on the ground of non-maintainability.
2. The learned counsel for petitioner submits that the proceedings in C.C.No.5552/2003 were stayed by this court in Company Application No.238/2003 filed by accused No.1 in Company Petition No.37/2003. The said stay was in operation and hence the complainant did not appear before the said court. In support of his applications, the order dated 27.06.2003 passed by this court in Company Application No.238/2003 in COP No.37/2003 is produced. In view of the stay order passed by this court, the order of dismissal is not proper and is liable to be set aside.
3. Accordingly, the petition is allowed. The impugned order dated 23.08.2013 passed by the Additional Civil Judge (Jr.Dn.) & JMFC., Udupi, is quashed. C.C.No.5552/2003 is directed to be restored to the file. The learned Magistrate shall proceed with the matter in accordance with law.
Np/-
Sd/- JUDGE