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2025 DAILYLAW 50925 (KAR)

CHANDRAPPA ALIAS CHANDAPPA.R.POOJARY v. SHRI GANESH ENGINEERING AND ENTERPRISES

CRL.RP/1334/2025 · 2025-09-09

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35459 CRL.RP No. 1334 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL REVISION PETITION NO. 1334 OF 2025 BETWEEN: CHANDRAPPA ALIAS CHANDAPPA.R.POOJARY S/O RAMAPPA, AGED ABOUT 63 YEARS, R/AT NO.2-55/27(3) DURGA NILAYA, ALAPE, KARMAR, J.M. ROAD, PADIL POST, MANGALORE 575 009, D.K. DISTRICT. &PETITIONER (BY SRI SACHIDANAND H S,ADVOCATE) AND: SHRI GANESH ENGINEERING AND ENTERPRISES D.NO.3-61/1E, THIRUVAIL VILLAGE, VAMANJOORU, MANGALURU REPRESENTED BY ITS PROPRIETOR MR. SURAJ N, SON OF NAGARAJ N, AGED ABOUT 42 YEARS, R/AT NO.1-80/1, NULLIPADY NEST, DEVI NAGARA, PACHANADY, BONDEL POST, MANGALURU - 575008. &RESPONDENT THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNSS) PRAYING TO A. SET ASIDE THE ORDER DATED 24.06.2025 PASSED IN CRL.A NO.63/2025 BY THE PRL.DIST. AND SESSIONS JUDGE, MANGALURU. B. GRANT LEAVE TO THE PETITIONER TO DEPOSIT 20 PERCENT OF THE FINE AMOUNT BEFORE THE TRAIL COURT IN TERMS OF THE ORDER PASSED BY THE APPELLATE COURT DATED 31.01.2025 Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35459 CRL.RP No. 1334 of 2025 C. GRANT STAY OF THE JUDGMENT DATED 30.12.2024 PASSED IN CC NO.126/2022 BY THE COURT OF JMFC IX COURT, MANGALURU D.K TILL DISPOSAL OF THE CRL.A NO.63/2025 PENDING ON THE FILE OF THE PRL.DIST. AND SESSIONS JUDGE, MANGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Since the order challenged is only an order rejecting the prayer for extension of time to comply the conditional order passed by the Appellate Court despite technical objection that the Criminal Revision Petition is not maintainable and the petition has to be under Section 482 of Code of Criminal Procedure, 1973 (Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023). The Criminal Revision Petition is entertained and considered on merits and time to comply the interim order passed by the Sessions Court is extended by two weeks from today. 2. This Court is conscious of the fact that this order is passed without hearing the respondent/complainant. - 3 - HC-KAR NC: 2025:KHC:35459 CRL.RP No. 1334 of 2025 3. In case the respondent/complainant is aggrieved by this order, he is at liberty to move this Court for modification of the order. 4. Accordingly, the Criminal Revision Petition is allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 2 Sl No.: 9