Allowed

Sri. Bhash v. Sri. Anjaneyaulu C

Karnataka HC22 Jul 2024CRL.P/2583/2019

Case brief

AI extract

What is this about?

Private complaint dismissed for default when petitioner failed to produce evidence; High Court set aside dismissal, restored complaint to file, and granted time till 09.08.2024 to apply for condonation of delay and produce evidence.

What did the court decide?

Order dated 31.08.2018 dismissing complaint for default set aside; complaint restored to file; petitioner granted time till 09.08.2024 for condonation application and evidence production.

Sri. Bhash Vs Sri. Anjaneyaulu C — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:28510 CRL.P No. 2583 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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CRIMINAL PETITION NO. 2583 OF 2019 (482)

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BETWEEN:

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SRI. BHASH AGED ABOUT 65 YEARS, PROP:M/S ALFA ENTERPRISES, R/A, 101, A BLOCK, 1ST FLOOR, 4THMAIN, GANDINAGAR, BANGALORE-560009.

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…PETITIONER

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(BY SRI. A GOPIPRAKASH., ADVOCATE)

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AND:

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SRI. ANJANEYAULU C AGED ABOUT 50 YEARS, HOSURBAGILU, NEAR, ANJANEYA TEMPLE, WARD NO.11, ANEKAL-562106.

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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AND ALSO AVAILABLE, SRI.ANJANEYULU C, PROP:M/S. LAXMI, THEATER, ANEKAL-562106.

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…RESPONDENT

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(BY SRI. A.H.RAKESH., ADVOCATE)

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THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 31.08.2018 PASSED BY THE XV ADDL.C.M.M., BENGALURU IN P.C.R.NO.10674/2017 VIDE ANNEXURE-A.

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NC: 2024:KHC:28510 CRL.P No. 2583 of 2019

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition has been filed challenging the order that

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the complaint has been dismissed for default on the ground that the petitioner failed to produce evidence, and also to file an application to condone the delay.

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In my view, having regard to the facts and circumstances of the case, the Trial Court ought not to have dismissed the application for default and ought to have granted the petitioner an opportunity to file an application to condone the delay as well as produce evidence.

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In that view of the matter, the order dated 31.08.2018 dismissing the complaint for default is set aside and the matter is restored to file. The petitioner is granted time till 09.08.2024 to make an application for condonation of delay and also to produce evidence, if any.

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NC: 2024:KHC:28510 CRL.P No. 2583 of 2019

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The matter shall be re-listed before the Magistrate on

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09.08.2024 and both the petitioner as well as the respondent shall appear before the Trial Court without expecting any notice from the Trial Court. This petition is, accordingly, allowed .

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In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.

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Sd/JUDGE

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HNM

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List No.: 1 Sl No.: 30

Sri. Bhash v. Sri. Anjaneyaulu C

Case brief

What is this about?

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Sri. Bhash v. Sri. Anjaneyaulu C

Case brief

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