Karnataka High Court
Smt Uma Srinivasalu vs Sri M Venkatasubramanya on 26 July, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC:29392
CRL.A No. 184 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 184 OF 2023
BETWEEN:
SMT. UMA SRINIVASALU
W/O T.N. SRINIVASALU
AGED ABOUT 56 YEARS
R/AT No.130/1, FLAT No.009
GROUND FLOOR
'SAI SUMUKH TELECOM CLUSTER'
NEW TIMBER YARD LAYOUT
BENGALURU -560 026.
PRESENT ADDRESS:
NO. 16, 2ND FLOOR
OPP: NANDANAVANA PARK
NEAR NCERT COMPOUND
BSK III STAGE
HOSAKEREHALLI
BENGALURU -560 08.5
Digitally signed by ...APPELLANT
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH (BY SRI B RAJE GOWDA, ADVOCATE)
COURT OF
KARNATAKA
AND:
SRI M VENKATASUBRAMANYA
S/O C. MUNIKRISHNA
AGED ABOUT 38 YEARS
R/AT No 389, 8TH MAIN
SHANIDEVA TEMPLE ROAD
HANUMANTHANAGAR
BENGALURU - 560 019.
-2-
NC: 2024:KHC:29392
CRL.A No. 184 of 2023
ALSIO AT:
'MURALI XEROX'
No.4, 22ND MAIN
OPP: PES DEGREE COLLEGE
NAGENDRA BLOCK
SRINAGAR, BSK I STAGE
BENGALURU - 560 050.
...RESPONDENT
(SERVED AND UNREPRESENTED)
THIS CRL.A. IS FILED UNDER SECTION 378(4) OF Cr.P.C
PRAYING TO SET ASIDE THE ORDER DATED 16.11.2022 PASSED
BY THE VI ADDITIONAL JUDGE COURT OF SMALL CAUSES AND
ACMM, BANGALORE (SCCH-2) IN C.C.No.4222/2019 FOR THE
OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT
AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. Learned counsel for appellant files a memo seeking withdrawal of the appeal. The memo reads thus:
"The undersigned Appellant and her counsel respectfully submits that the Appellant has filed the above Crl. Appeal against the Respondent in the above case, regarding the learned VI Addl. Judge court of Small Cause and Addl. Chief Metropolitan Magistrate at Bengaluru (SCCH-2) has dismissed the complaint filed -3- NC: 2024:KHC:29392 CRL.A No. 184 of 2023 by the appellant for the offence punishable U/s 138 of N.I.Act in C.C. No. 4222/2019.
Meanwhile the Respondent has also filed the Criminal Appeal before the Hon'ble 68th City Civil and Session Judge Court, Bengaluru, vide Crl.Appeal No. 231/2023 for prays to set Aside the impugned Judgment and order of conviction dated 16.11.2023. In this regard the Hon'ble Court was referred to Mediation Centre for resolving the dispute between both the parties. During the course of the Mediation both the parties have resolved their dispute amicably settled through Joint Memo on 16.02.2024. Hence in light in light the above this Hon'ble court may be pleased to dismiss the above Criminal Appeal as not pressed in the interest of justice and equity."
2. In view of the memo, the appeal is dismissed as withdrawn.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 14