Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12834 CRL.P No. 9756 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9756 OF 2022 BETWEEN:
1.
B V NATARAJA S/O B VEERABHADRAPPA AGED ABOUT 43 YEARS R/A NO.57/58 GROUND FLOOR 4T CROSS, A SECTOR AMRUTHA NAGAR SHANKARA NAGARA POST BENGALURU-560092 …PETITIONER (BY SRI. LOKESH D.K., ADVOCATE SRI. PUTTARAJU N.H., ADVOCATE) AND:
1.
AGRICULTURAL PRODUCES MARKETING (APMC) APMC YARD SAGARA ROAD SHVIAMOGGA REPRESENTED BY ITS SECRETARY …RESPONDENT (BY SRI. RASHMI PATEL, HCGP FOR R1)
THIS CRL.P FILED U/S. 482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1493/2016 PENDING ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC, SHIVAMOGGA IN RESPECT OF THE PETITIONER. Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:12834 CRL.P No. 9756 of 2022
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER
The petitioner is seeking to quash the proceedings in C.C.No.1493/2016 pending on the file of III Additional Civil Judge and JMFC, Shivamogga.
2. The complaint was filed by the Agricultural Produces Marketing Committee (APMC), Shivamogga, represented by its secretary, against the managing director of one National Bulk Handling Corporation Ltd., Andheri (East), Mumbai and its general manager, i.e., the petitioner herein alleging offencses punishable under section 114, 117 and 117(a) of the Karnataka Agricultural Produce Marketing (Regulation Act of 1966) (for short, 'KAPM(R) Act').
3. It is alleged that accused-company took the godown on lease belonging to Eshwar Rice Mill, Honnali road, Thyawara Chetnalli, Shivamogga and dealing with the purchase and stock of paddy and arecanuts without taking license and permit as contemplated under the KAPM(R) Act, 1966 and the accused is due market cess of Rs.4,30,431/-.
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NC: 2025:KHC:12834 CRL.P No. 9756 of 2022
4.
Learned counsel for the petitioner has furnished a copy of the order passed in Crl.P.No.5205/2024 disposed on 10.06.2024, wherein the impugned proceedings as against the company represented by its managing director has been quashed.
5. It is stated that the petitioner therein has come forward to pay the amount, including four times penalty as is demanded, plus a lakh extra.
6. In view of quashing of proceedings against accused No.1, the proceedings cannot be continued against petitioner- accused No.2. Hence, the following:
ORDER i. The criminal petition is allowed; ii. The entire proceedings in C.C.No.1493/2016 on the file of III Additional Civil Judge and JMFC, Shivamogga against the petitioner is quashed. I.A.No.1/2022 for stay stands disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HDK