IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI CRL.A. NO.1407 OF 2016 BETWEEN:
M/S. VARAPRADA CHITS PVT. LTD., HAVING ITS REGISTERED OFFICE AT NO.4, JINDAL TOWER, 2ND FLOOR, 4TH CROSS, OUTER RING ROAD, MARUTINAGAR, BENGALURU-560094 REP BY ITS FOREMAN/GPA HOLDER SRI. VISHWANATH (BY SRI. M.R.SURESH, ADVOCATE) AND MS. VOILET, W/O. LATE ELISHIAH, AGED ABOUT 40 YEARS, NO.465, AVALAHALLI, VIRGO NAGAR POST, BENGALURU-560049.
.. APPELLANT .. RESPONDENT (RESPONDENT SERVED BUT UNREPRESENTED) *** THIS CRL.A. IS FILED U/S 482 OF Cr.P.C., PRAYING TO SET ASIDE THE ORDER DATED 30.11.2015 IN C.C.NO.16064/2014 PASSED BY THE XXIII A.S.C.J. AND XXI A.C.M.M., BENGALURU AND PERMITS THE PETR. TO PROSECUTE THE CASE ON MERITS.
THIS CRL.A. COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The respondent is served, unrepresented.
2. The matter is of the year 2016. The grievance of the petitioner is that the Complaint of the Complainant / petitioner was dismissed by the XXIII Addl. SCJ & XXI Addl. CMM, Bangalore, on 30.11.2015.
3. The learned counsel for the Petitioner pointed out from the order sheet dated 10.08.2015 and 01.10.2015 to demonstrate that he has taken steps for issuance of notice. Consequently, on 01.10.2015 NBW was issued and the matter was posted to 30.10.2015. The matter was transferred from XLII Addl. CMM, Bangalore to XXIII ASCJ & XXI Addl. CMM, Bangalore. On the very same date the case was called out. Due to absence of the Complainant and his Advocate, the matter was dismissed for non-prosecution.
4. The learned counsel further submits that due to lack of communication of transfer of the case from one Court to another the Complainant and his counsel were not present.
5. The reasons stated above are sufficient to quash the order dated 30.11.2015 in CC No.16064/2014 on the file of XXIII ASCJ & XXI Addl. CMM, Bangalore. Accordingly, it is set aside. The parties are directed to appear before the Court below on 06.12.2019.
Sd/- JUDGE VK