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2025 DAILYLAW 22020 (KAR)

HACIENDA ESTATES PRIVATE LIMITED v. MRS. NIRMALA NAGARAJ

CRL.P/4197/2022 · 2025-01-27

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC:3558 CRL.P No. 4197 of 2022 C/W CRL.P No. 4199 of 2022 CRL.P No. 4209 of 2022 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 4197 OF 2022 C/W CRIMINAL PETITION NO. 4199 OF 2022 CRIMINAL PETITION NO. 4209 OF 2022 CRIMINAL PETITION NO. 4210 OF 2022 IN CRL.P.NOS.4197/2022, 4199/2022 AND 4209/2022 BETWEEN: 1. HACIENDA ESTATES PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, NO.548/51, GARUTHMAN PARK, EAST END ROAD, BASAVANAGUDI, BANGALORE - 560 004, REPRESENTED BY ITS DIRECTOR, MR. RAVI BGPURA NAGARAJAN. 2. MR. RAVIKUMAR BGPURA NAGARAJAN, DIRECTOR, AKA BUPPEGOWDANAPURA NAGARAJ RAVI KUMAR, DIRECTOR DIN 01068609, HACIENDA ESTATES PRIVATE LIMITED, NO.548/51, GARUTHMAN PARK, EAST END ROAD, BASAVANAGUDI, BENGALURU - 560 004, RESIDING AT 369, 13TH MAIN ROAD, 5TH CROSS ROAD, FLAT NO.G1, ALVA RESIDENCY, SADASHIVANAGAR, BANGALORE - 560 080. 3. MR. KRISHNASETTY VENUGOPAL DIRECTOR, DIN 01033746, HACIENDA ESTATES PRIVATE LIMITED, NO.548/51, GARUTHMAN PARK, EAST END ROAD, BASAVANAGUDI, BENGALURU - 560 004, RESIDING AT Digitally signed by NANDINI B G Location: high court of karnataka - 2 - NC: 2025:KHC:3558 CRL.P No. 4197 of 2022 C/W CRL.P No. 4199 of 2022 CRL.P No. 4209 of 2022 AND 1 OTHER NO. 29/30, SURAJKIRAN APARTMENT, NO.202, 3RD CROSS, SHANKARAPURAM, BANGALORE - 560 004. …COMMON PETITIONERS (BY SRI. H.R. SHRIDHARAMURTHY, ADVOCATE (AB)) AND: IN CRL.P.NO.4197/2022 MRS. NIRMALA NAGARAJ W/O. S. NAGARAJ, AGED ABOUT 80 YEARS, RESIDING AT 504/33, 50 FEET ROAD, 3RD MAIN, 1ST BLOCK, BANASHANKARI 1ST STAGE, BENGALURU - 560 050. …RESPONDENT (BY SRI. AJAY KADKOL T., ADVOCATE) IN CRL.P.NO.4199/2022 MRS. GEETHA SRIKANTH W/O. SRIKANTH NAGARAJ, AGED ABOUT 52 YEARS, RESIDING AT NO. 504/33, 50 FEET ROAD, 3RD MAIN, I BLOCK, BANASHANKARI 1ST STAGE, BENGALURU - 560 050. …RESPONDENT (BY SRI. AJAY KADKOL T., ADVOCATE) IN CRL.P.NO.4209/2022 GIRISH. M. K. S/O. M.S. KRISHNA, AGED ABOUT 44 YEARS, 81/1, 3RD MAIN, AGS LAYOUT ARCHALLI, BENGALURU - 560 061 …RESPONDENT (BY SRI. AJAY KADKOL T., ADVOCATE) - 3 - NC: 2025:KHC:3558 CRL.P No. 4197 of 2022 C/W CRL.P No. 4199 of 2022 CRL.P No. 4209 of 2022 AND 1 OTHER IN CRL.P.NO.4210/2022 BETWEEN: 1. HACIENDA ESTATES PRIVATE LIMITED, REGISTERED OFFICE AT NO.548/51, GARUTHAMAN PARK, EAST END ROAD, BASAVANAGUDI, BANGALORE - 560 004, REPRESENTED BY ITS DIRECTOR, MR. RAVI KUMAR BGPURA NAGARAJAN. AND KRISHNASETTY VENUGOPAL. 2. MR. RAVIKUMAR BGPURA NAGARAJAN, DIRECTOR, HACIENDA ESTATES PRIVATE LIMITED, NO.548/51, GARUTHAMAN PARK, EAST END ROAD, BASAVANAGUDI, BENGALURU - 560 004, ALSO AVAILABLE AT NO. BLN NO.369, FLAT G1, ALVA RESIDENCY, 13TH MAIN ROAD, 5TH CROSS ROAD, SADASHIVANAGAR, BANGALORE - 560 080. REP: BY ITS DIRECTOR. 3. MR. KRISHNASETTY VENUGOPAL DIRECTOR, HACIENDA ESTATES PRIVATE LIMITED, NO.548/51, GARUTHAMAN PARK, EAST END ROAD, BASAVANAGUDI, BENGALURU - 560 004, ALSO AVAILABLE AT NO. 202, SURAJKIRAN APARTMENT, SHANKARAPURAM, BG 3RD CROSS, 29/30, BANGALORE - 560 004. REPRESENTED BY ITS DIRECTOR. … PETITIONERS (BY SRI. H.R. SHRIDHARAMURTHY, ADVOCATE (AB)) AND: MRS. SUMATHI SRIKANTIAH NAGARAJ W/O. ARUN GOPALASWAMY, AGED ABOUT 54 YEARS, RESIDING AT 239, RMV EXTENSION, CV RAMAN ROAD, BENGALURU - 560 080 …RESPONDENT (BY SRI. AJAY KADKOL T., ADVOCATE) - 4 - NC: 2025:KHC:3558 CRL.P No. 4197 of 2022 C/W CRL.P No. 4199 of 2022 CRL.P No. 4209 of 2022 AND 1 OTHER CRIMINAL PETITION NO.4197 OF 2022 IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.8/2022 PENDING ON THE FILE OF THE HONBLE SPECIAL COURT FOR ECONOMIC OFFENCE, BENGALURU FOR OFFENCE P/U/S. 75 R/W SEC. 447 OF COMPANIES ACT 2013. CRIMINAL PETITION NO.4199 OF 2022 IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.10/2022 PENDING ON THE FILE OF THE HONBLE SPECIAL COURT FOR ECONOMIC OFFENCE, BENGALURU FOR OFFENCE P/U/S. 75 R/W SEC. 447 OF COMPANIES ACT 2013. CRIMINAL PETITION NO.4209 OF 2022 IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.7/2022 PENDING ON THE FILE OF THE HONBLE SPECIAL COURT FOR ECONOMIC OFFENCE, BENGALURU FOR OFFENCE P/U/S. 75 R/W SEC. 447 OF COMPANIES ACT 2013. CRIMINAL PETITION NO.4210 OF 2022 IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.9/2022 PENDING ON THE FILE OF THE HONBLE SPECIAL COURT FOR ECONOMIC OFFENCE, BENGALURU FOR OFFENCE P/U/S. 75 R/W SEC. 447 OF COMPANIES ACT 2013. THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA - 5 - NC: 2025:KHC:3558 CRL.P No. 4197 of 2022 C/W CRL.P No. 4199 of 2022 CRL.P No. 4209 of 2022 AND 1 OTHER ORAL ORDER Learned counsel for the petitioners is absent. No representation. Learned counsel for the petitioners has filed a memo seeking permission to retire from the case. Learned counsel for the respondents has filed a memo which reads as under: "The Respondent above named humbly submits as follows: 1. The Petitioner above named has impugned the proceedings in CC 10 of 2022 which was pending on the file of the Special Court for Economic Offence at Bangalore city. 2. However, in view of the constitution of the Special Court under the Companies Act 2013, the said has been transferred by the Trial Magistrate to the Special Court constituted under the Companies Act 2013 and are numbered as Spl C No. 1720 of 2023, on the file of the LIX Addl. City Civil and Sessions Judge, Bengaluru (CCH- 60). 3. Consequently, the Respondent above named humbly submit that the reliefs prayed for by the Petitioner in the above Criminal Petition does not survive for consideration. - 6 - NC: 2025:KHC:3558 CRL.P No. 4197 of 2022 C/W CRL.P No. 4199 of 2022 CRL.P No. 4209 of 2022 AND 1 OTHER WHEREFORE, the Respondent above named humbly prays that this Hon'ble Court be pleased to read and record the aforementioned facts and circumstances, in the ends of justice." Memos are placed on record. Hence, the petitions are dismissed as having rendered infructuous. Sd/- (M G UMA) JUDGE SPV List No.: 2 Sl No.: 5