IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.987 OF 2014 BETWEEN:
Sri. Venkateshmurthy, S/o. late Muniyappa, R/o No.1, 4th Main, Naidu Layout, Sanjaynagar, Bengaluru – 560 094. …Petitioner (By Sri. G.M. Srinivasa Reddy, Advocate) AND:
Dream Logistic Company (India) Pvt. Ltd., Having office at Dream Chambers, Near Bus Stand, Yellapur – 581 359 Rep. by its authorized representative Mr. Vivek Hebbar ...Respondent (By Sri. Vachan H.U., Advocate for Sri. Dhananjay Joshi, Advocate) This Criminal Petition is filed u/s 482 of Cr.P.C., praying to quash the impugned order dated 25.01.2014 passed by the XIV Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C.No.26244/2011 issuing of open NBW against the petitioner by hand.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and learned counsel for the respondent. The learned counsel for the respondent has filed a memo, which reads as under:
“The counsel for the Respondent No.1 states that the Respondent No.1 is not proceeding with CC No.26244 of 2011 as the Respondent No.1 has already filed Execution Petition No.25042 of 2014 for execution of the Lokadalath Order passed on 19.11.2013.”
2. The learned counsel for the petitioner submits that NBW issued against the petitioner dated 25.01.2014 is not re-called by the trial Court and hence appropriate order be passed.
3. Taking into consideration the contents of the memo filed by learned counsel for the respondent, nothing survives for consideration in this petition.
Accordingly, criminal petition is dismissed. If any warrant issued by the trial Court in C.C.No.26244/2011 is pending execution, the same shall stand re-called.
The Execution Petition filed against the petitioner shall be proceeded with. The petitioner shall appear before the Executing Court without any summons or warrant from the trial Court, on 22.03.2019.
Sd/- JUDGE SV