Disposed

M/S. Kalpataru Distributors v. M/S. Astrazeneca Pharma India Ltd.

Karnataka HC11 Nov 2024CRL.RP/573/2016

Case brief

AI extract

What is this about?

Seven criminal revision petitions against convictions in cases filed by a pharma company were disposed of based on joint memos of settlement. Petitioners to pay agreed amounts to the complainant, failing which the confirmed trial court order is restored automatically; fine amounts set aside.

What did the court decide?

Petitions disposed per joint memos; fines of Rs.10,000 per case set aside; deposit withdrawable by complainant.

M/S. Kalpataru Distributors Vs M/S. Astrazeneca Pharma… — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA

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CRIMINAL REVISION PETITION NO. 573 OF 2016 C/W

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CRIMINAL REVISION PETITION NO. 567 OF 2016 CRIMINAL REVISION PETITION NO. 568 OF 2016 CRIMINAL REVISION PETITION NO. 569 OF 2016 CRIMINAL REVISION PETITION NO. 570 OF 2016 CRIMINAL REVISION PETITION NO. 572 OF 2016 CRIMINAL REVISION PETITION NO. 575 OF 2016 CRIMINAL REVISION PETITION NO. 576 OF 2016

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IN CRL.RP No. 573/2016

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BETWEEN:

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M/S. KALPATARU DISTRIBUTORS NO.41, 6^TH CROSS, SIVAJI ROAD, MYSORE-570 007.

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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REP. BY ITS PROPRIETOR, SRI. K. GANESH

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SRI. K. GANESH S/O. D. KARIYAPPA GOWDA, AGED ABOUT 53 YEARS, PROPRIETOR OF M/S. KALPATARU DISTRIBUTORS, NO.41, 6^TH CROSS, SHIVAJI ROAD, MYSORE-570 007.

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…PETITIONERS

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(BY SRI SURYA PRAKASH RAO K, ADVOCATE)

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AND:

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M/S. ASTRAZENECA PHARMA INDIA LTD. A COMPANY INCORPORATED UNDER THE

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT P.B. NO. 2483, OFF BELLARY ROAD, HEBBAL, BENGALURU-560 024,

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REP. BY ITS AUTHORIZED SIGNATORY, SRI. VIVEK SHETTY.

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…RESPONDENT

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(BY SRI N J KUMAR, ADVOCATE)

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THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.NO.550/2015 AND TO SET ASIDE THE CONVICTION AND SENTENCE DATED 13.03.2015 PASSED IN C.C.NO.15356/2007 ON THE FILE OF THE XXI A.C.M.M., BANGALORE AND BE PLEASED TO ACQUIT THE PETITIONERS.

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IN CRL.RP NO. 567/2016

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BETWEEN:

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M/S KALPATARU DISTRIBUTORS NO.41, 6^TH CROSS, SIVAJI ROAD, MYSORE - 570007 REPRESENTED BY ITS PROPRIETOR SRI K GANESH

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SRI K GANESH S/O D KARIYAPPA GOWDA, AGED ABOUT 53 YEARS, PROPRIETOR OF M/S KALPATARU DISTRIBUTORS, NO.41, 6^TH CROSS, SHIVAJI ROAD,

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3 - NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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MYSORE-570007

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...PETITIONERS

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(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)

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AND:

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M/S ASTRAZENECA PHARMA INDIA LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT P B NO.2483, OFF BELLARY ROAD, HEBBAL, BENGALURU-560024 REP. BY ITS AUTHORIZED SIGNATORY SRI VIVEK SHETTY

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...RESPONDENT

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(BY SRI. N J KUMAR, ADVOCATE)

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THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W 401 CR.P.C PRAYING TO SET-ASIDE THE IMPUGNED JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE CITY (CCH-67) IN CRL.A.NO.545/2015, AND BE PLEASED TO SET-ASIDE THE CONVICTION AND SENTENCE DATED 13.03.2015, PASSED IN C.C.NO.15351/2007, ON THE FILE OF XXI ADDL.C.M.M., AT BENGALURU AND BE PLEASED TO ACQUIT THE PETITIONERS.

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IN CRL.RP NO. 568/2016

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BETWEEN:

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M/S KALPATARU DISTRIBUTORS NO. 41, 6TH CROSS, SIVAJI ROAD, MYSORE - 570 007. REP BY ITS PROPRIETOR SRI K GANESH

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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SRI K GANESH S/O D KARIYAPPA GOWDA, AGED ABOUT 53 YEARS, PROPRIETOR OF M/S KALPATARU DISTRIBUTORS, NO. 41, 6^TH CROSS, SHIVAJI ROAD, MYSORE - 570 007.

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...PETITIONERS

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(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)

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AND:

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M/S ASTRAZENECA PHARMA INDIA LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT P.B. NO. 2483, OFF BELLARY ROAD, HEBBAL, BENGALURU - 560 024. REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI VIVEK SHETTY.

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...RESPONDENT

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(BY SRI. N J KUMAR, ADVOCATE)

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THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.NO.546/2015 AND TO SET ASIDE THE CONVICTION AND SENTENCE DATED 13.03.2015 PASSED IN C.C.NO.15352/2007 ON THE FILE OF THE XXI A.C.M.M., BANGALORE AND BE PLEASED TO ACQUIT THE PETITIONERS.

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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IN CRL.RP NO. 569/2016

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BETWEEN:

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M/S KALPATARU DISTRIBUTORS NO.41, 6^TH CROSS, SIVAJI ROAD MYSORE-570 007

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REP. BY ITS PROPRIETOR SRI.K.GANESH

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SRI.K.GANESH S/O D.KARIYAPPA GOWDA AGED ABOUT 53 YEARS, PROPRIETOR OF M/S KALPATARU DISTRIBUTORS, NO.41, 6^TH CROSS, SHIVAJI ROAD MYSORE-570 007

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...PETITIONERS

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(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)

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AND:

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M/S ASTRAZENECA PHARMA INDIA LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT P.B.NO.2483, OFF BELLARY ROAD, HEBBAL, BENGALURU-560 024 REP. BY ITS AUTHORIZED SIGNATORY SRI.VIVEK SHETTY

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...RESPONDENT

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(BY SRI. N J KUMAR, ADVOCATE)

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THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.NO.547/2015

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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AND TO SET ASIDE THE CONVICTION AND SENTENCE DATED 13.03.2015 PASSED IN C.C.NO.15353/2007 ON THE FILE OF THE XXI A.C.M.M., BANGALORE AND BE PLEASED TO ACQUIT THE PETITIONERS.

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IN CRL.RP NO. 570/2016

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BETWEEN:

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M/S KALPATARU DISTRIBUTORS NO 41, 6^TH CROSS, SIVAJI ROAD, MYSORE - 570007

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REP. BY ITS PROPRIETOR SRI K GANESH

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SRI K GANESH S/O D KARIYAPPA GOWDA AGED ABOTU 53 YEARS PROPRIETOR OF M/S KALPATARU DISTRIBUTORS NO 41, 6^TH CROSS, SHIVAJI ROAD, MYSORE – 570007

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...PETITIONERS

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(BY SRI. SURYA PRAKASH RAO K .,ADVOCATE)

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AND:

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M/S ASTRAZENECA PHARMA INDIA LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT P B NO 2483, OFF BELLARY ROAD, HEBBAL BENGALURU - 560024 REP. BY ITS AUTHORIZED SIGNATORY SRI VEVEK SHETTY

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...RESPONDENT

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(BY SRI. N J KUMAR, ADVOCATE)

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W 401 CR.P.C PRAYING TO SET-ASIDE THE IMPUGNED JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE CITY (CCH-67) IN CRL.A.NO.549/2015, AND BE PLEASED TO SET-ASIDE THE CONVICTION AND SENTENCE DATED 13.03.2015, PASSED IN C.C.NO.15354/2007, ON THE FILE OF XXI ADDL.C.M.M., AT BENGALURU AND BE PLEASED TO ACQUIT THE PETITIONERS.

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IN CRL.RP NO. 572/2016

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BETWEEN:

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M/S KALPATARU DISTRIBUTORS NO.41, 6^TH CROSS, SIVAJI ROAD, MYSORE-570 007 REP. BY ITS PROPRIETOR SRI.K.GANESH

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SRI.K.GANESH S/O D.KARIYAPPA GOWDA, AGED ABOUT 53 YEARS, PROPRIETOR OF M/S. KALPATARU DISTRIBUTORS, NO.41, 6^TH CROSS, SHIVAJI ROAD, MYSORE-570 007.

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...PETITIONERS

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(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)

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AND:

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M/S ASTRAZENECA PHARMA INDIA LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT P.B.NO.2483, OFF BELLARY ROAD, HEBBAL,

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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BENGALURU-560 024 REP. BY ITS AUTHORISED SIGNATORY SRI.VIVEK SHETTY

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...RESPONDENT

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(BY SRI. N J KUMAR, ADVOCATE)

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THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.NO.555/2015 AND TO SET ASIDE THE CONVICTION AND SENTENCE DATED 13.03.2015 PASSED IN C.C.NO.21156/2007 ON THE FILE OF THE XXI A.C.M.M., BANGALORE AND BE PLEASED TO ACQUIT THE PETITIONERS.

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IN CRL.RP NO. 575/2016

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BETWEEN:

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M/S KALPATARU DISTRIBUTORS NO.41, 6^TH CROSS, SIVAJI ROAD, MYSORE-570 007

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REP BY ITS PROPRIETOR, SRI.K.GANESH

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SRI.K.GANESH SRI.D.KARIYALPPA GOWDA, AGED ABOUT 53 YEARS, PROPRIETOR OF M/S KALPATARU DISTRIBUTORS, NO.41, 6TH CROSS, SHIVAJI ROAD, MYSORE-570 007

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...PETITIONERS

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(BY SRI. SURYA PRAKASH RAO K .,ADVOCATE)

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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AND:

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M/S ASTRAZENECA PHARMA INDIA LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT P.B.NO.2483, OFF BELLARY ROAD, HEBBAL, BENGALURU-560024

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REP. BY ITS AUTHORISED SIGNATORY, SRI.VIVEK SHETTY

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...RESPONDENT

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(BY SRI. N J KUMAR, ADVOCATE)

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THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W 401 CR.P.C PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE IN CRL.A.552/2015, AND BE PLEASED TO SET ASIDE THE CONVICTION AND SENTENCE DATED 13.03.2015, PASSED IN C.C.NO.21155/2007, ON THE FILE OF XXI ACMM, BANGALORE AND BE PLEASED TO ACQUIT THE PETITIONERS.

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IN CRL.RP NO. 576/2016

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BETWEEN:

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M/S KALPATARU DISTRIBUTORS NO.41, 6^TH CROSS SIVAJI ROAD MYSORE-570 007

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REP BY ITS PROPRIETOR SRI K GANESH

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SRI K GANESH S/O D KARIYAPPA GOWDA

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10 -

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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AGED ABOUT 53 YEARS PROPRIETOR OF M/S KALPATARU DISTRIBUTORS NO.41, 6^TH CROSS SHIVAJI ROAD MYSORE-570 007

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...PETITIONERS

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(BY SRI. SURYA PRAKASH RAO K, ADVOCATE)

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AND:

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M/S ASTRAZENECA PHARMA INDIA LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT P B NO.2483, OFF BELLARY ROAD HEBBAL BENGALURU-560 024

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REP BY ITS AUTHORIZED SIGNATORY SRI VIVEK SHETTY

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...RESPONDENT

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(BY SRI. N J KUMAR, ADVOCATE)

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THIS CRL.RP. IS FILED UNDER SECTION 397(1) R/W 401 CR.P.C PRAYING TO SET-ASIDE THE IMPUGNED JUDGMENT DATED 14.01.2016, PASSED BY THE LXVI ADDL. CITY CIVIL AND S.J., BANGALORE CITY (CCH-67) IN CRL.A.NO.554/2015, AND BE PLEASED TO SET-ASIDE THE CONVICTION AND SENTENCE DATED 13.03.2015, PASSED IN C.C.NO.15357/2007, ON THE FILE OF XXI ADDL.C.M.M., AT BENGALURU AND BE PLEASED TO ACQUIT THE PETITIONERS.

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THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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11 -

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NC: 2024:KHC:46086 CRL.RP No. 573 of 2016 C/W CRL.RP No. 567 of 2016 CRL.RP No. 568 of 2016 AND 5 OTHERS

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL ORDER

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Joint memos are filed in all these revision petitions. All the revision petitions stand disposed of in terms of the joint memo.

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Amount as agreed in the joint memos shall be paid by the revision petitioners to the respondent, failing which the order of the Trial Court, confirmed by the First Appellate Court stand restored automatically.

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Amount in deposit, if any, is ordered to be withdrawn by the complainant under due identification.

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In view of the joint memo, fine amount of Rs.10,000/- in each cases, imposed by the learned Trial Magistrate, confirmed by the First Appellate Court towards defraying expenses of the State is hereby set aside, in view of settlement between the parties.

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Sd/(V SRISHANANDA) JUDGE

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MR List No.: 2 Sl No.: 100

M/S. Kalpataru Distributors v. M/S. Astrazeneca Pharma India Ltd.

Case brief

What is this about?

What did the court decide?

M/S. Kalpataru Distributors v. M/S. Astrazeneca Pharma India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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