Crl.rp/805/2019 Of Income Tax Department v. M/S. South Canara District Central Co Operative

Digitally signed byLAKSHMINARAYANAMURTHY RAJASHRILocation: HIGHCOURT OFKARNATAKA HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26 DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL REVISION PETITION No. 805 OF 2019 BETWEEN: INCOME-TAX DEPARTMENT BY ITS ASSISTANT DIRECTOR OF INCOME –TAX (I & CI) C R BUILDING (ANNEX), QUEEN’S ROAD BANGALORE – 560 001. …PETITIONER (BY SRI E I SANMATHI, ADVOCATE) AND: 1. M/s. SOUTH CANARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD., PB No.721, SADASHIVA SAHAKARA SADANA 5 FLOOR, K S RAO ROAD, KODIABAIL MANGALORE – 575 003. (REPRESENTED BY ITS CHAIRMAN PB No.721, SADASHIVA SAHAKARA SADANA 5 FLOOR, K S RAO ROAD, KODIABAIL MANGALORE – 575 003. (REPRESENTED BY ITS CHAIRMAN SRI M N RAJENDRA KUMAR) 2. M N RAJENDRA KUMAR CHAIRMAN M/s. SOUTH CANARA DISTRICT CENTRAL CO OPERATIVE BANK LTD., PB No.721, SADASHIVA SAHAKARA SADANA, 5 FLOOR, OPERATIVE BANK LTD., PB No.721, SADASHIVA SAHAKARA SADANA, 5 FLOOR, K S RAO ROAD, KODIABAIL MANGALORE – 575 003. 3. SHRI M VISHWANATH NAYAR CHIEF EXECUTIVE OFFICER CHIEF EXECUTIVE OFFICER M/s. SOUTH CANARA DISTRICT CENTRAL HC-KAR CO-OPERATIVE BANK LTD., PB No.721 SADASHIVA SAHAKARA SADANA, 5 FLOOR K S RAO ROAD, KODIABAIL MANGALORE – 575 003. …RESPONDENTS (BY SRI MALLAHAR RAO, ADVOCATE FOR R1 TO R3) THIS CRL.RP IS FILED UNDER SECTION 397 RED WITH SECTION 401 Cr.P.C PRAYING TO SET ASIDE THE ORDER DT.21.01.2019 DISCHARGING THE RESPONDENTS IN C.C.No.262/2017 AND REMAND THE MATTER TO THE SPECIAL COURT FOR ECONOMIC OFFENCES, BANGALORE BY ALLOWING THE CRIMINAL REVISION PETITION WITH A DIRECTION TO PROCEED AGAINST THE RESPONDENTS IN ACCORDANCE WITH LAW AND ETC., THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This Criminal Revision Petition is filed challenging the order passed by the Special Court for Economic Offence, Bengaluru, wherein the discharge application filed by respondents has been allowed. The Court which passed the impugned order is presided by the Judicial Magistrate who is sub-ordinate to the Sessions Court. Proprietary demands that Criminal Revision Petition lies to the HC-KAR NC: 2025:KHC:22491CRL.RP No. 805 of 2019 Sessions Court even though there is concurrent jurisdiction of this Court to entertain this Criminal Revision Petition. 2. Hence, this Criminal Revision Petition is transferred to Sessions Court. 3. Registry is directed to send records of this Criminal Revision Petition to Sessions Court having jurisdiction. 4. For the purpose of statistic, this Criminal Revision Petition is disposed of. DSP List No.: 1 Sl No.: 34 Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE