IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5836/2018 Between:
M/s Vaiking Fashions, A proprietorship concern Having its office at No.38/9, Bazaar Street, Neelasandra, Bengaluru – 560047 Represented by its proprietor Mr.K.P.Moosa. ... Petitioner (By Sri.Siddharth B.Muchandi, Advocate) And:
1. M/s Sara Apparels, No.1/24, 1st Floor, Ayyappa Garden, Adugodi, Bannerghatta Road, Bengaluru – 560030 Represented by its Managing Partner, Mr. K. Ansar Ali.
2. Mr. K.Ansar Ali, S/o K. Hamza Koya, Aged about 36 years, Managing Partner of M/s Sara Apparels, R/at Kallingal House, Near Crescent Hall, Erangoth Parambha, Arts College, Meenchanda, Calicut – 673018, Kerala. ... Respondents This Criminal Petition is filed under Section 482 of Cr.P.C praying that this Hon’ble Court may be pleased to pass an order directing the learned LXII Additional City Civil and Sessions Judge, Bengaluru (CCH-63) in Crl.A.No.583/2017 to dispose the said appeal in a time bound manner within 1 month hereof.
This Criminal Petition coming for orders this day, the Court made the following:
O R D E R The only prayer sought for in this petition is for a direction to the LXII Additional City Civil and Sessions Judge, Bengaluru (CCH-63) to dispose of Crl.A.No.583/2017 in a time bound manner. Since no order adverse to the interest of respondents is being passed, notice to respondents stands dispensed with.
2. As could be seen from order sheet – Annexure-A of Crl.A.No.583/2017 filed by respondents herein after having been heard on merits, came to be posted for judgment on 30.12.2017. However, an application for advancement came to be filed by learned counsel for respondents herein. On 20.12.2017 and on said date, I.A No.4 came to be filed by respondents herein under Section 391 of Cr.P.C read with Section 65 B of Indian Evidence Act. For consideration of said application, matter has been adjourned from time to time. Order sheet of lower appellate Court would also disclose that on several dates of hearing, learned counsel for respondents herein remained absent and yet, Appellate Court has extended its benevolence by granting adjournment for mere asking though no justifiable grounds was there.
3. In that view of matter, it would suffice and meet the ends of justice if learned judge adjudicating Crl.A.No.583/2017 is directed to dispose of the appeal along with I.A.No.4 by putting parties on terms if necessary and expeditiously disposing of the same and at any rate within an outer limit of one month from the date of receipt of certified copy of this order and accordingly direction is issued.
SD/- JUDGE NBM