- 1 - HC-KAR NC: 2025:KHC:18728 CRL.P No. 5968 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5968 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. H. M. HOLIDAY HOME PRIVATE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO. 14, 6TH FLOOR, H. M. GENEVA HOUSE, CUNNINGHAM ROAD, BENGALURU – 560 052. REPESENTD BY ITS DIRECTOR 2. SRI. M. J. SIWANI, S/O J. K. SIWANI, AGE 60 YEARS, AT NO. 122, 5TH MAIN, JAYA MAHAL EXTENSION, BENGALURU – 560 046. …PETITIONERS (BY SRI. B. O. CHANDRA SHEKAR, ADVOCATE) AND: DODDANANJAPPA, S/O MUNISHAMAPPA, AGE 78 YEARS, R/AT MUNIRATHNA AGRAHARA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562 110. …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE ORDER DATED 01.04.2024 PASSED IN PCR NO.218/2019 BY THE COURT OF PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI AND ETC. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18728 CRL.P No. 5968 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks quashing of the impugned order dated 01.04.2024 passed in PCR No.218/2019 by the Principal Civil Judge and JMFC, Devanahalli (for short “the Trial Court”) and for other reliefs. 2. Heard learned counsel for the petitioner and perused the material on record. 3. For the order proposed, notice to the respondent is dispensed with. 4. A perusal of the material on record will indicate that the petitioner instituted the aforesaid proceedings against the petitioner-complainant in PCR No.218/2018 before the Trial Court, for the offences punishable under Sections 436, 464 and 468 of IPC. The petitioner being a Company was represented by its authorised representative, Sri. Ravi Gaikwad at the time of institution of the said proceedings. Before his sworn statement could be recorded, the aforesaid authorised representative, Sri. - 3 - HC-KAR NC: 2025:KHC:18728 CRL.P No. 5968 of 2024 Ravi Gaikwad expired on 17.05.2021, pursuant to which the petitioner-Company filed a memo on 29.11.2022 reporting demise of the said authorised representative, Sri. Ravi Gaikwad and for permission in favour of the Director of the petitioner-Company by name Sri. M.J. Siwani to represent the petitioner-Company and to prosecute the proceedings. The Trial Court proceeded to reject the application only on the ground that case number was not mentioned in the Board Resolution. Aggrieved by the impugned order rejecting the application filed by the petitioner and consequently, dismissing the complaint as abated, the petitioner is before this Court by way of the present petition. 5. A perusal of the undisputed material on record will indicate that in the first instance, it was Sri. Ravi Gaikwad, who was the authorised representative of the petitioner-Company and upon his demise, the Director, Sri. M.J. Siwani, who was also an authorised representative by the Board Resolution produced along with the application, sought for permission to represent the Company. Under these circumstances, I am of the considered opinion that the Trial Court completely misdirected itself in adopting a hyper technical approach in rejecting the application only on the - 4 - HC-KAR NC: 2025:KHC:18728 CRL.P No. 5968 of 2024 ground that the case number was not mentioned in the Board Resolution, without appreciating that the aforesaid Sri. M.J. Siwani was the Director coupled with the Board Resolution mentioning Sri. M.J. Siwani as authorised representative of the petitioner- Company, the application filed by the petitioner deserved to be allowed by the Trial Court. Accordingly, I am of the view that the impugned order dated 01.04.2024 deserves to be set aside and the proceedings in PCR No.218/2019 deserves to be restored to the file of the Trial Court by allowing the present petition. 6. In the result, I pass the following: ORDER i) The petition is allowed. ii) The impugned order dated 01.04.2024 passed in PCR No.218/2019 by the Principal Civil Judge and JMFC, Devanahalli, is hereby set aside. iii) The PCR No.218/2018 is restored to the file of the Trial Court. iv) The application dated 08.02.2023 filed by the petitioner is hereby allowed and Sri. M.J. Siwani is - 5 - HC-KAR NC: 2025:KHC:18728 CRL.P No. 5968 of 2024 permitted to represent the petitioner-Company in PCR No.218/2019. v) The Trial Court is directed to record the sworn statement of Sri. M.J. Siwani and proceed further in the matter. vi) The aforesaid Sri. M.J. Siwani appearing on behalf of the petitioner-Company is directed to appear before the Trial Court on 23.06.2025. vii) Liberty is reserved in favour of the petitioner to file a fresh Resolution of the Board before the Trial Court on the next date of hearing. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 23