IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.48992 OF 2013 (GM-RES) BETWEEN:
SRI. DR. BADEKIL VENKATARAMANA BHAT S/O LATE BADEKIL RAMA BHAT AGED ABOUT 63 YEARS (SENIOR CITIZEN NOT CLAIMED) R/AT NO 1679/5, SARDAR PATEL ROAD MYSORE 560 001.
(By Mr. H.K. KESHAVA MURTHY, ADV., (ABSENT)) AND:
SRI N.S. GOPALA KRISHNA S/O LATE N. SUBBA RAO AGED ABOUT 60 YEARS MANAGING DIRECTOTR SRI GURU RESIDENCY 181, 3RD ANUGRAHA, 4TH CROSS 12TH MAIN, NEW SARASWATHIPURAM KAMAKSHI HOSPITAL ROAD MYSORE 560 023.
… PETITIONER (By Mr. R.V. JAYAPRAKASH, ADV.,) - - -
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE HON'BLE TRIAL COURT VIDE ANN-A DATED 3.10.2013 AND ISSUE SUMMONS TO THE COMMISSIONER OF INCOME TAX & WEALTH TAX, MYSORE DIRECTING HIM TO PRODUCE THE INCOME TAX & WEALTH TAX RETURNS OF THE RESPONDENT FOR THE ASSESSMENT YEAR 2009 TO 2010 BEFORE THE HON'BLE TRIAL COURT & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Mr.R.V.Jayaprakash, learned counsel for the respondent.
3. In this petition under Article 227 of Constitution of India, the petitioner assailed the validity of the order dated 03.10.2013 passed in a proceeding under Section 138 of the Negotiable Instruments Act, 1881. The petition is pending before this Court since, 2004, in which no interim order has been passed. None appears on behalf of the petitioner today. It appears, the complaint may have been decided by now. Therefore, the writ petition is disposed of with a liberty to the petitioner to seek revival of the proceedings in case the proceedings before the Trial Court are still pending.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE SS