Dismissed¶32

M/S Kuff N Kollar v. M/S Revuesoft Solutions India Pvt. Ltd.

Karnataka HC10 Feb 2025CRL.A/252/2025

Case brief

AI extract

What is this about?

Withdrawal of criminal appeal as not pressed; maintainability of appeal under Section 378(4) Cr.P.C. versus criminal revision remedy; liberty to restore Crl.R.P.No.1563/2024 previously dismissed as withdrawn on 06.12.2024; special leave application I.A.No.1/2025 dismissed as infructuous; High Court of Karnataka, Bengaluru; Justice Shivashankar Amarannavar; Kuff N Kollar v. Revuesoft Solutions India Pvt. Ltd. and others; CRL.A No. 252 of 2025; decision dated 10.02.2025.

What did the court decide?

Appeal dismissed as withdrawn, with liberty to the appellant to seek restoration of Cr.R.P.No.1563/2024; I.A.No.1/2025 dismissed. ¶32

M/S Kuff N Kollar Vs M/S Revuesoft Solutions India Pvt. Ltd. — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:5801 CRL.A No. 252 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL NO. 252 OF 2025

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BETWEEN:

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M/S. KUFF N KOLLAR REGISTERED OFFICE AT #1/1, GROUND FLOOR, ANNYAPPA BLOCK, KUMARAPARK WEST, BENGALURU - 560 020. REPRESENTED BY ITS PROPRIETOR, SMT. POOJA JAIN W/O SANJAYKUMAR C. JAIN HER GPA HOLDER SRI. SANJAYKUMAR C. JAIN

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Digitally signed by HEMAVATHY GANGABYRAPPA Location: HIGH COURT OF KARNATAKA

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(BY SMT. YUKTHA N., ADV. FOR SRI. MITHUN G A., ADVOCATE)

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…APPELLANT

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AND:

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M/S. REVUESOFT SOLUTIONS INDIA PVT. LTD. 4^TH FLOOR, SAKHI NILAYAM, SILICON VALLEY SOCIETY, IMAGE GARDENS ROAD, MADHAPUR, HYDERABAD - 500 081

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2 - NC: 2025:KHC:5801 CRL.A No. 252 of 2025

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SRI. KRISHNA KANTH

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S/O SASTRY SUBRAMANYA

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AGED ABOUT 43 YEARS

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SMT. SWATHI BHAGAVATULA D/O BVRSV SATYANARAYANA MURTHY AGED ABOUT 44 YEARS,

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RESPONDENT NOS.2 AND 3 HAVING OFFICE AT 4^TH FLOOR, SAKHI NILAYAM, SILICON VALLEY SOCIETY, IMAGE GARDENS ROAD, MADHAPUR, HYDERABAD - 500 081

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…RESPONDENTS

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THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S 419(4) BNSS) BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT PASSED BY THE LEARNED LXI ADDL.CITY CIVIL AND SESSIONS JUDGE BENGALURU DATED 21.10.2024 IN CRL.A.NO.1200/2022 AND TO CONSEQUENTLY CONFIRM THE JUDGMENT PASSED BY THE LEARNED XXI A.C.M.M BENGALURU IN C.C.NO.3087/2021 DATED 07.09.2022.

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THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:5801 CRL.A No. 252 of 2025

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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Learned counsel for the appellant files a memo seeking withdrawal of the appeal with a liberty to seek restoration of Crl.R.P.No.1563/2024. The memo reads thus:

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"The undersigned counsel for the Appellant submits that the captioned matter is listed before this Hon'ble Court on I.A.No.1/2025 seeking special leave. It is further submitted that a Criminal Revision Petition was filed earlier in Crl.R.P.No.1563/2024 challenging the same impugned order. The said matter was dismissed as withdrawn by the Appellant vide order dated 06.12.2024. The Appellant most humbly prays that since the present appeal is not maintainable and a Criminal Revision Petition is maintainable, the Appellant may kindly be permitted to withdraw the present Appeal as not pressed and be granted liberty to restore the Crl.R.P.No.1563/2024 in the interest of justice and equity."

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NC: 2025:KHC:5801 CRL.A No. 252 of 2025

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