IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.974 OF 2015 BETWEEN:
1. UTTAM CHAND 2. HITESH KUMAR JAIN 3. GOUTHAM JAIN 4. MANJU JAIN 5. KAVITHA KUMARI 6. BADRILAL JAIN 7. VISHAL KUMAR 8. VINOD KUMAR JAIN 9. SUKHLAL JAIN ALL ARE DIRECTORS OF M/S SUBHASH DISTRIBUTORS LTD, ALL ARE AT NO.76/1, MISSION ROAD, BANGALORE-560027.
... PETITIONERS (BY SRI: SWAROOP T, ADVOCATE) AND:
STATE REPRESENTED BY INSPECTOR OF LEGAL METROLOGY, MANGALORE SUB DIVISON, MANGALORE.
... RESPONDENT (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 16.12.2013 PASSED IN C.C.NO.3340/2012 PASSED BY THE JMFC-II COURT, MANGALORE D.K., THROUGH WHICH THE CASE WAS REOPENED, AS PER ANNEXURE-E AND QUASH THE ORDER DATED. 05.11.2015 PASSED IN C.C.NO.3340/2012 PASSED BY THE JMFC-II COURT, MANGALORE, D.K., THROUGH WHICH NBW WAS ISSUED AGAINST THE PETITIONERS (ACCUSED NO.6 TO 14) AS PER ANNEXURE-G.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioners and learned Additional SPP for respondent.
2. Learned counsel for the petitioners submitted that offences alleged against petitioners are compoundable. The respondent has permitted Accused Nos. 1 to 5 to compound offences punishable under sections 31 and 36[1] of the Legal Metrology Act, 2009 [‘Act’, for short]. The petitioners also intend to compound the offences.
3. Recording the above submissions, petition is disposed of.
Petitioners are permitted to move necessary application before the trial court for compounding the alleged offences punishable under sections 31 and 36[1] of the Act within fifteen days from the date of receipt of copy of this order.
Sd/- JUDGE AN/-