KKR PRODUCTS AND MARKETING PVT LTD v. R S MELAGIRI AND COMPANY
WP/107046/2025 · 2025-09-22
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53290 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53290 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12862 WP No. 107046 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 107046 OF 2025 (GM-RES) BETWEEN:
1.
KKR PRODUCTS AND MARKETING PVT. LTD., REPRESENTED BY ITS DIRECTORS VIZ, A CO. REGD. UNDER COMPANIES ACT, BY ITS DIRECTORS, REGISTERED OFFICE XII/68, OKKAL, CHELAMATTOM, PARK KALADY, ERNAKULAM-683550, KERALA STATE.
2.
MR. BIJU KARNAN S/O. K.K. KARNAN, AGE 49 YEARS, OCC: BUSINESS RESIDINT AT KURUVAMPADATHU HOUSE, OKKAL, CHELAMATTOM PART, KALADY, ERNAKULAM DISTRICT, KERALA STATE-683550.
3.
MRS. JINI BIJU W/O. MR. BIJU KARNAN, AGED 40 YEARS, OCC: BUSINESS, RESIDING AT XV/422, KKR BUILDING, OKKAL, CHELAMATTOM, ERNAKULAM DISTRICT, KERALA STATE, PIN CODE 683550.
… PETITIONERS (BY SRI. V. RENJITH SHANKAR, ADVOCATE)
AND:
1.
R.S. MELAGIRI AND COMPANY, APMC YARD, MALLUR ROAD, BYDGI-581106.
RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:12862 WP No. 107046 of 2025
2.
LAXMINARAYAN S/O.RAMAKRISHNAPPA MELGIRI, AGED 84 YEARS, OCC: BUSINESS,
3.
SURESH S/O.LAXMINARAYANA MELGIRI, AGED 57 YEARS, OCC: BUSINESS, (G P A HOLDERS)
4.
SMT. SHEELA W/O. SURESH MELGIRI, AGED 54 YEARS, OCC: BUSINESS,
All are R/O: BEHIND APMC YARD, MALLUR ROAD, BYADGI-581106, DISTRICT HAVERI, KARNATAKA STATE.
… RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS, 2023 PRAYING TO, CALL FOR THE ENTIRE FILE OF THE IMPUGNED ANNEXURE-B C.C. NO.376 OF 2025, PENDING BEFORE THE HON BLE CIVIL JUDGE AND JMFC,BYADAGI, HAVERI DISTRICT, ARISING OUT OF PCR NO.90 OF 2025, BEFORE THE HON BLE CIVIL JUDGE AND JMFC, BYADAGI, HAVERI DISTRICT (PERTAINING TO SUBJECT MATTER CHEQUE BEARING NO.451613, FOR RS.50,00,000/- (RUPEES FIFTY LAKHS ONLY), DATED 26TH OF DECEMBER, 2025) AND TO QUASH THE ENTIRE PROCEEDINGS PERTAINING TO THE IMPUGNED ANNEXURE-B CC NO.376 OF 2025, PENDING BEFORE THE HON BLE CIVIL JUDGE AND JMFC, BYADAGI, HAVERI DISTRICT, ARISING OUT OF PCR NO.90 OF 2025, BEFORE THE HON BLE CIVIL JUDGE AND JMFC, BYADAGI, HAVERI DISTRICT (PERTAINING TO SUBJECT MATTER CHEQUE BEARING NO.451613, FOR RS.50,00,000/- (RUPEES FIFTY LAKHS ONLY), DATED 26TH OF DECEMBER, 2025),C AND TO PASS ANY CONSEQUENTIAL ORDER AS IS DEEMED FIT BY THIS HON BLE COURT, DURING THE HEARING OF THIS PETITION.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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HC-KAR NC: 2025:KHC-D:12862 WP No. 107046 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Learned counsel for the petitioners submits that the petition may be dismissed as not pressed, with liberty to the petitioners to file a fresh petition assailing the impugned proceedings in the event a charge sheet is filed in the criminal case, which is registered by the petitioners against the respondents herein and others before Perumbavoor Police Station, Ernakulam Rural District, Kerala State in Crime No.1336 of 2025.
2. The submission is placed on record.
3. The petition is dismissed as not pressed, with liberty as prayed for.
Sd/- (S.VISHWAJITH SHETTY) JUDGE
VNP / CT: BCK List No.: 1 Sl No.: 76