Sri. Srinivasamurthy R vs Sri. S. Ramanaiah
2022 Latest Caselaw 10419 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 6TH DAY OF JULY, 2022

                          BEFORE

       THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

           CRIMINAL APPEAL No.215 OF 2016

BETWEEN:

SRI. SRINIVASAMURTHY R.
S/O. KONAIAH,
AGED ABOUT 41 YEARS,
RESIDING AT NO.14, 2ND CROSS,
VIRUPAKSHAPURA,
KODIGEHALLI, JALAHALLI WEST,
BANGALORE - 560 097.                       ...    APPELLANT

[BY SRI. TULSI K.R., ADVOCATE]

AND:

SRI. S. RAMANAIAH,
S/O. SANGATI SUBBAIAH,
AGED ABOUT 57 YEARS,
RESIDING AT 1808/5,
3RD FLOOR, SUBBAIAH BUILDING,
ABBIGERE MAIN ROAD,
KAMMAGONDANAHALLI,
JALAHALLI WEST,
BANGALORE - 560 015.                     ...     RESPONDENT

[BY SRI. R. CHANNAKESHAVA, ADVOCATE
      FOR SRI. N. SURESHA, ADVOCATE]
                            ***
     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
OF ACQUITTAL DATED 04.01.2016 PASSED BY THE LXVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY
(CCH-68) IN CRL.A. NO.192/2015, AND UPHELD THE JUDGMENT
OF CONVICTION DATED 13.01.2015 PASSED BY THE XVIII
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN
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C.C. NO.10484/2013 AND GRANT SUCH OTHER RELIEF/S AS
DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

     THIS CRIMINAL APPEAL COMING ON FOR FINAL HEARING,
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

This appeal is preferred by the complainant praying

to set aside the Order passed by the trial Court, whereby

the respondent/accused has been acquitted of the offence

punishable under section 138 of the Negotiable

Instruments Act.

2. A Joint Memo has been filed signed by both the

parties and the learned counsel appearing for them.

3. In the Joint Memo, it is stated that the

respondent has agreed to pay an amount of `2,30,000/-

[Rupees Two Lakhs Thirty Thousand Only] to the appellant

on or before 01.10.2022 and the appellant has agreed for

the same.

4. The learned counsel for the appellant submits

that placing the Joint Memo on record, the appeal may be

disposed of and at this stage, order need not be passed on

merits.

5. The respondent/accused, who is present before

the Court submits that he has agreed to pay the amount

mentioned in the Joint Memo to the appellant/complainant

on or before 01.10.2022. The appellant/complainant has

agreed for the same.

6. The Joint Memo is placed on record.

In view of the above submission, the appeal is

disposed of.

SD/-

JUDGE

Ksm*