IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7233/2015 BETWEEN:
1. Vistaar Financial Services Private Ltd., Rep. by its Managing Director Mr.Brahmanand Hegde S/o Hegde Mahabaleshwara Aged about 56 years No.80, 5th “A” Cross, 21st Main Road MCHS Layout, IAS Officer’s Colony BTM 2nd Stage, Bangalore-560 076.
2. Mr.Shivakumar S/o Kadraiah Aged about 32 years Working as Manager at Vistaar Financial Services Pvt. Ltd., Doddapete, Tiptur Town Tumkur-572 224 ... Petitioners (By Sri.Mahabaleshwar Chitrigemath, Advocate) AND:
1. The State by Tiptur Town Police Station Tiptur, Tumkur District.
2. Mr.Nanjundappa S B S/o.Basavaraju Aged about 42 years Residing at Samanahalli Palya Kasaba Hobli, Arasikere Taluk Hassan District-573103.
... Respondents (By Sri.Nasrulla Khan, HCGP for R-1 Sri Jagadeesh H T., Adv. for R-2) This Criminal Petition is filed U/S.482 of Cr.P.C praying to quash the FIR filed against the petitioners in FIR in Cr.No.145/2015 dated 03.10.2015 by the 1st Respondent for the offences p/u/Ss. 37, 39, 28 of Money Lenders Act, Sec. 3 and 4 of Karnataka Prohibition of Charging Exorbitant Interest Act and Sec.420 of IPC on the file of Sr.Civil Judge & JMFC, Tiptur.
This Criminal Petition coming on for Admission this day, the court made the following:-
O R D E R Learned counsel for the petitioners has filed a Memo for withdrawal of the petition, which reads as under:-
“ The above petitioner begs to submits that the above matter may be dismissed as withdrawn with liberty to file fresh petition as the charge sheet is file in the impugned FIR which is challenged in this petition. Hence this memo.
Wherefore, petitioner may kindly be permitted to withdraw the above petition with liberty to file fresh petition by new grounds on the facts stated in the charge sheet, in the interest of Justice”.
2. In terms of the said Memo, petition is dismissed as withdrawn reserving liberty as prayed for.
Sd/- JUDGE Srl.