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2025 DAILYLAW 37236 (KAR)

M/S VINAY DEVELOPERS AND BUILDERS v. SRI B RAMAKUMAR

CRL.P/14418/2024 · 2025-07-01

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23456 CRL.P No. 14418 of 2024 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 CRIMINAL PETITION NO. 14418 OF 2024 BETWEEN: 1. M/S. VINAY DEVELOPERS AND BUILDERS, A PARTNERSHIP FIRM, HAVING ITS OFFICE SITUATED AT VINAYA BUILDINGS, KADOLKAR GALLI, BELAGAVI – 590 001. 2. SRI.NITHIN VINAYAK RAO BHATKHANDE, AGED ABOUT 50 YEARS, S/O VINAYAK RAO BHATKHANDE, 3. SMT. PRATHIBHA NITIN BHATKANDE, AGED ABOUT 49 YEARS, W/O NITHIN VINAYAK RAO BHATKHANDE, NO.2 AND 3 ARE RESIDING AT VINAYA BUILDING, HOUSE NO.5276, NEW GOODSHED ROAD, BELAGAVI – 590 001. …PETITIONERS (BY SRI. JAYAKUMAR S PATIL, SENIOR COUNSEL FOR SRI.CHANDRASHEKAR P., ADVOCATE) AND: SRI. B. RAMAKUMAR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23456 CRL.P No. 14418 of 2024 AGED ABOUT 79 YEARS, S/O B.R.RAO, RESIDING AT "DEVI KRUPA", ARLAPADAVU, PUTTUR TALUK, D.K. – 574 259. …RESPONDENT (BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. VIVEK HOLLA, ADVOCATE) *** THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO: (a) ALLOW THIS CRIMINAL PETITION AND QUASH THE PRIVATE COMPLAINT IN P.C.R.NO.239/2023 PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, PUTTUR, DAKSHINA KANNADA, THE COPY OF WHICH IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-A TO THE CRIMINAL PETITION; (b) SET ASIDE THE ORDER OF TAKING COGNIZANCE DATED 16.10.2023 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, PUTTUR, DAKSHINA KANNADA AND ALL FURTHER PROCEEDINGS IN C.C.NO.850/2023 PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC PUTTUR, DAKSHINA KANNADA, COPY OF WHICH IS PRODUCED HEREWITH AND MARKED AS ANNEXURE-C TO THE CRIMINAL PETITION; (c) GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT DEEMS FIT IN THE FOREGOING FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRL. PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:23456 CRL.P No. 14418 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: " (a) Allow this criminal petition and quash the private complaint in P.C.R.No.239/2023 pending on the file of the learned Principal Civil Judge and JMFC, Puttur, Dakshina Kannada, the copy of which is produced herewith and marked as Annexure-A to the criminal petition; (b) set aside the order of taking cognizance dated 16.10.2023 passed by the learned Principal Civil Judge and JMFC, Puttur, Dakshina Kannada and all further proceedings in C.C.No.850/2023 pending on the file of the learned Principal Civil Judge and JMFC Puttur, Dakshina Kannada, copy of which is produced herewith and marked as Annexure-C to the criminal petition; (c) Grant such other relief/s as this Hon'ble Court deems fit in the foregoing facts and circumstances of the case, in the interest of justice and equity." - 4 - HC-KAR NC: 2025:KHC:23456 CRL.P No. 14418 of 2024 2. After arguing the matter for sometime, learned Senior Counsel for the petitioners submitted that the present petition may be disposed of as withdrawn, reserving liberty in favour of the petitioners to urge all contentions before the Trial Court, including the one urged in the present petition. 3. The submission is placed on record. The petition stands disposed of as withdrawn, reserving liberty in favour of the petitioners to urge all contentions before the Trial Court including the one urged in the present petition. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 1