IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.330/2018 C/W CRIMINAL PETITION NOS.3521/2017, 3522/2017 & 331/2018 IN CRL.P.NO.330/2018:
BETWEEN:
1. VIVEKANANDA YOGA ANUSANDHANA SAMSTHANA PRASHANTI KUTEERAM REP. BY ITS CHANCELLOR AND PRESIDENT DR.H.R. NAGENDRA 2. DR.H.R.NAGENDRA CHANCELLOR AND PRESIDENT AGED ABOUT 75 YEARS, S/O. RAMARAO HONGASANDRA 3. SRI DAYANANDA SWAMY AGED ABOUT 55 YEARS S/O. HONNALAGERE CHANNA BASAPPA RAJAPPA, DEPUTY REGISTRAR (FINANCE) ALL ARE ADDRESS:
VIVEKANANDA YOGA ANUSANDHANA SAMSTHANA PRASHANTI KUTEERAM, VIVEKANANDA ROAD, KALLUBALLU POST, JIGANI, ANEKAL, BENGALURU-560 105 (BY SRI.M.T.NANAIAH, SENIOR COUNSEL ... PETITIONERS FOR SRI. M.R.C MANOHAR, ADVOCATES) AND:
M/S. VAPS TECHNOSOFT PVT. LTD. OFFICE AT NO.72, MIG 1ST STAGE, 4TH MAIN, 6TH CROSS, KHB COLONY, BASAVESHWARANAGAR, BENGALURU-560 079 REPRESENTED BY ITS MANAGER (ACCOUNTS AND ADMIN) MR.GOVINDAIAH M ... RESPONDENT (BY SRI.SANJAY YADAV, ADVOCATE) IN CRL.P.NO.3521/2017 BETWEEN:
1. M/S. VIVEKANANDA YOGA ANUSANDHANA SAMSTHANA PRASHANTI KUTEERAM REP. BY ITS CHANCELLOR AND PRESIDENT DR.H.R. NAGENDRA 2. DR.H.R.NAGENDRA CHANCELLOR AND PRESIDENT AGED ABOUT 75 YEARS, S/O. RAMARAO HONGASANDRA 3. SRI DAYANANDA SWAMY AGED ABOUT 55 YEARS S/O. HONNALAGERE CHANNA BASAPPA RAJAPPA, ALL ARE ADDRESS:
M/S. VIVEKANANDA YOGA ANUSANDHANA SAMSTHANA PRASHANTI KUTEERAM, VIVEKANANDA ROAD, KALLUBALLU POST, JIGANI, ANEKAL, BENGALURU-560 105 (BY SRI.M.T.NANAIAH, SENIOR COUNSEL ... PETITIONERS FOR SRI. BALASUBRAMANYA B.N, ADVOCATE) AND:
M/S. VAPS TECHNOSOFT PVT. LTD. OFFICE AT NO.72, MIG 1ST STAGE, 4TH MAIN, 6TH CROSS, KHB COLONY, BASAVESHWARANAGAR, BENGALURU-560 079 REPRESENTED BY ITS MANAGER (ACCOUNTS AND ADMIN) MR.GOVINDAIAH M (BY SRI.SANJAY YADAV, ADVOCATE) IN CRL.P.NO.3522/2017: BETWEEN:
1. M/S. SWAMI VIVEKANANDA YOGA ANUSANDHANA SAMSTHANA PRASHANTI KUTEERAM REP. BY ITS CHANCELLOR AND PRESIDENT DR.H.R. NAGENDRA ... RESPONDENT 2. DR.H.R.NAGENDRA CHANCELLOR AND PRESIDENT AGED ABOUT 75 YEARS, S/O. RAMARAO HONGASANDRA 3. SRI DAYANANDA SWAMY AGED ABOUT 55 YEARS S/O. HONNALAGERE CHANNA BASAPPA RAJAPPA, ALL ARE ADDRESS:
M/S. SWAMI VIVEKANANDA YOGA ANUSANDHANA SAMSTHANA PRASHANTI KUTEERAM, VIVEKANANDA ROAD, KALLUBALLU POST, JIGANI, ANEKAL, BENGALURU-560 105 (BY SRI.M.T.NANAIAH, SENIOR COUNSEL ... PETITIONERS A/W SRI. BALASUBRAMANYA B.N, ADVOCATE) AND:
M/S. VAPS TECHNOSOFT PVT. LTD. OFFICE AT NO.72, MIG 1ST STAGE, 4TH MAIN, 6TH CROSS, KHB COLONY, BASAVESHWARANAGAR, BENGALURU-560 079 REPRESENTED BY ITS MANAGER (ACCOUNTS AND ADMIN) MR.GOVINDAIAH M (BY SRI.SANJAY YADAV, ADVOCATE) IN CRL.P.NO.331/2018 BETWEEN:
1. M/S. SWAMY VIVEKANANDA YOGA ... RESPONDENT ANUSANDHANA SAMSTHANA PRASHANTI KUTEERAM REP. BY ITS CHANCELLOR AND PRESIDENT DR.H.R. NAGENDRA 2. DR.H.R.NAGENDRA CHANCELLOR AND PRESIDENT AGED ABOUT 75 YEARS, S/O. RAMARAO HONGASANDRA 3. SRI DAYANANDA SWAMY AGED ABOUT 55 YEARS S/O. HONNALAGERE CHANNA BASAPPA RAJAPPA, DEPUTY REGISTRAR (FINANCE) ALL ARE ADDRESS:
M/S. SWAMY VIVEKANANDA YOGA ANUSANDHANA SAMSTHANA PRASHANTI KUTEERAM, VIVEKANANDA ROAD, KALLUBALLU POST, JIGANI, ANEKAL, BENGALURU-560 105 (BY SRI.M.T.NANAIAH, SENIOR COUNSEL ... PETITIONERS FOR SRI. M.R.C MANOHAR, ADVOCATES) AND:
M/S. VAPS TECHNOSOFT PVT. LTD. OFFICE AT NO.72, MIG 1ST STAGE, 4TH MAIN, 6TH CROSS, KHB COLONY, BASAVESHWARANAGAR, BENGALURU-560 079 REPRESENTED BY ITS MANAGER (ACCOUNTS AND ADMIN) MR.GOVINDAIAH M ... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THESE PETITIONS ARE FILED UNDER 482 CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NOS.24051/2017, 7363/2017, 7364/2017 AND 24049/2017 REPSECTIVELY FOR THE OFFENCE P/U/S 138 OF N.I. ACT PENDING ON THE FILE OF XXVII ADDL. C.M.M, BENGALURU AND TO DISMISS THE COMPLAINT.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Sanjay Yadav, learned counsel appearing on behalf of Sri.S.Mahesh for respondent submits that in all these matters parties have settled their dispute and as such, respondent-complainant intends to withdraw the complaint filed before the jurisdictional Magistrate and on account of pendency of present proceedings, he is unable to do so. Hence, he submits that present petitions may be dismissed.
2. Sri.M.T.Nanaiah, learned Senior Counsel appearing on behalf of Sri.M.R.C.Manohar for petitioners would also reiterate what has been stated by the learned counsel appearing for respondent. In that view of the matter, these petitions stand dismissed and it is made clear that if for any reason matter is not settled before trial Court, petitioners would be at liberty to revive these petitions.
SD/- JUDGE DR