IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.5378 OF 2019 BETWEEN:
The Manager, M/S.Pelicon Associates Pvt. Ltd., Having offices at, 324-A, Jodhpur Park, Kolkata 700068.
Represented by Prabir Kumar Mitra Ass. Director. …Petitioner (Sri. Vivek.S., Advocate) AND Sri. Sonnegowda, Aged about 42 years, S/o Late. Gopallappa, Proprietor, Sri.Venkatadri Constructions, Residing at No.2980, 1st Main, 1st Cross, New Extension, Near Doom Light Circle, Kolar-563102. …Respondent (Sri.M.R.Nanjunda Gowda, Advocate) This criminal petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C.No.1006/2018 against the petitioner (arising out of PCR No.389/2017) pending on the file of II Additional Civil Judge, (Sr.Dn.) and C.J.M. Kolar.
This petition, coming on for admission, this day, the Court made the following:
O R D E R In the instant petition, the petitioner has questioned the validity of C.C.No.1006/2018.
2. Short question for consideration in this petition is complainant has not arraigned the company as necessary and proper party which is mandatory as held by the Supreme Court in the case of ANEETA HADA vs. GODFATHER TRAVELS AND TOURS (PVT.) LTD.
reported in (2012) 5 SCC 661.
3. Accordingly, petition is allowed. Proceedings in C.C.No.1006/2018 pending on the file of II Additional Civil Judge (Senior Divison) and CJM, Kolar stands quashed reserving liberty to the complainant to make a fresh complaint since on technical ground petition is allowed.
Sd/- JUDGE Cm