M/S VEDGANGA FOODS AND CHEMICALS v. M/S RAJ MARKETING
WP/12093/2025 · 2025-07-01
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21070 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21070 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23589 WP No. 12093 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12093 OF 2025 (GM-RES) BETWEEN:
M/S VEDGANGA FOODS AND CHEMICALS, REP. BY MR. RAVINDRA SIDAGONDA KOSHTI, 973, 9TH CROSS, 2nd MAIN, AECS LAYOUT, SINGASANDRA, BANGALORE - 560 068. …PETITIONER (BY SRI. RAVINDRA SIDAGONDA KOSHTI, PARTY-IN-PERSON) AND:
M/S RAJ MARKETING REP. BY PROP. MR. RAJKUMAR SUKUMARAN, NO. 78, NETHAJI ROAD, P N PALYAM, COIMBATORE - 641037, TAMIL NADU. …RESPONDENT
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE DISMISSAL ORDER PASSED BY THE LEARNED SESSIONS COURT CCH53 LII ACC AND SJ IN C.C NO. 2030/2024 IN THE APPEAL AGAINST C.C NO. 20848/2024 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:23589 WP No. 12093 of 2025 ORAL ORDER In this petition, the petitioner seeks the following reliefs:
" In view of the above, the Petitioner humbly prays that this Hon'ble Court may be pleased to: a) Set aside the dismissal order passed by the Learned Sessions Court CCH53 LII ACC&SJ C.C.No.2030/2024 in the appeal against C.C.No.20848/2024. b) Direct the enhancement of the Respondent's sentence to the maximum punishment permissible under Section 138 of the NI Act, i.e., two years of rigorous imprisonment and a fine up to twice the cheque amount. c) Direct the execution of recovery proceedings under Section 421 Cr.P.C. to ensure payment of the cheque amount along with compensation and interest. d) Stay the release of the respondent until the final adjudication of this writ petition.
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HC-KAR NC: 2025:KHC:23589 WP No. 12093 of 2025 d) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice and equity."
2. Learned counsel for the petitioner has filed a memo, stating that the petition may be disposed of as withdrawn, reserving liberty in favour of the petitioner to file a fresh petition, in the interest of justice and equity. The memo is placed on record.
3. The memo reads as under:
MEMO FOR WITHDRAWAL
"The Petitioner above named most respectfully submits as under: The Petitioner most respectfully prays that the above Writ Petition has an error where it was supposed to be Criminal Revision Petition with little changes. Kindly request not to process further and want to withdrawn in the interest of justice."
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HC-KAR NC: 2025:KHC:23589 WP No. 12093 of 2025
4. The petition stands disposed of as withdrawn, reserving liberty in favour of the petitioner to file a comprehensive/fresh criminal petition. Sd/- (S.R.KRISHNA KUMAR) JUDGE SD List No.: 1 Sl No.: 71 CT: BHK