Karnataka High Court
J Suresh vs Sannathayamma on 29 October, 2021
Author: K.Somashekar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL REVISION PETITION No.503/2021
BETWEEN:
J.SURESH,
AGED ABOUT 42 YEARS,
R/O C/O RAYAPPA,
I FLOOR, III CROSS, LLR ROAD,
GARDEN AREA, OPP. MILK BOOTH,
SHIMOGA.
... PETITIONER
(BY SRI.MANOHAR N., ADV.)
AND:
SANNATHAYAMMA,
AGED ABOUT 52 YEARS,
W/O SHIVANANJAPPA,
R/O 'VIMAL', II MAIN ROAD, 'A' BLOCK,
SHARAVATHINAGAR,
SHIMOGA.
... RESPONDENT
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH 401 OF CR.P.C. PRAYING TO SET
ASIDE THE ORDER DATED 24.06.2020 PASSSED BY THE III
ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA IN
CRL.A.NO.215/2019 AND SET ASIDE THE ORDER DATED
21.09.2019 PASSED BY THE II ADDITIONAL CIVIL JUDGE AND
2
J.M.F.C., SHIVAMOGGA IN C.C.NO.1072/2016 AND ALLOW THIS
CRL.RP.
THIS CRIMINAL REVISION PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.N.Manohar, learned counsel for the petitioner is
present before the Court physically and submits that he has
filed memo for withdrawal of this petition
2. Therefore, it is deemed appropriate to state that
memo is placed on record and the petitioner is permitted to
withdraw the petition as not pressed.
3. Whereas in this matter, learned counsel for the
petitioner is seeking for issuance of some direction to release
the accused/petitioner, who is in custody in Shivamogga
District.
4. However, in this matter, learned counsel for the
petitioner has filed a memo seeking withdrawal of the petition
as the petitioner is not inclined to persuade this matter
questioning the judgment of conviction and order of sentence
rendered by the trial Court in C.C.No.1072/2016 dated
21.09.2019 for the offences punishable under Section 138 of
N.I.Act and so also challenging the current findings rendered
by the First Appellate Court in Crl.A.No.215/2019 dated
24.06.2020.
5. Accordingly, the petition is dismissed as
withdrawn.
6. Keeping in view the submission made by the
learned counsel for the petitioner, it is deemed appropriate to
direct the Registry of this Court to issue some directions to
the Court of II Additional Civil Judge & JMFC, Shivamogga
where the case in C.C.No.1072/2016 is pending to issue
release order in respect of accused namely J.Suresh,
forthwith, in accordance with law, if the accused is not
required in any other matters.
7. Registry of this Court is directed to forward this
information through e-mail mode for compliance of this order
and similarly, copy of the same shall be forwarded through e-
mail process to the concerned jail Authority, Shivamogga
where the accused namely J.Suresh who is in prison.
8. Keeping in view the submission made by the
learned counsel for the petitioner requesting hand-delivery,
Registry of this Court is directed to issue hand-delivery in
accordance with law.
Sd/-
JUDGE
VM
