Kotak Mahindra Bank Limited vs Skyline Construction And Housing ...
2022 Latest Caselaw 8049 Kant

                           1

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 2ND DAY OF JUNE, 2022

                        BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

             CRIMINAL APPEAL NO.1653/2019

BETWEEN:

KOTAK MAHINDRA BANK LIMITED
(A LICENSED BANKING COMPANY)
HAVING ITS OFFICES INTER ALIA AT:
12 BKC, 3RD FLOOR, PLOT C-12,
G BLOCK, BANDRA KURLA COMPLEX,
BANDRA - EAST,
MUMBAI - 400 051
MAHARASHTRA

AND ALSO AT:
3RD FLOOR,
UMIYA LANDMARK,
10/7, LAVELLE ROAD,
BENGALURU - 560 001
KARNATAKA
REPRESENTED BY ITS
DULY AUTHORIZED SIGNATORY
MR.RADHAKRISHNA SHASTRY
                                            ... APPELLANT
(BY SRI PRADEEP NAYAK, ADVOCATE)

AND:

1.     SKYLINE CONSTRUCTION AND
       HOUSING PVT. LTD.
       (A COMPANY INCORPORATED
       UNDER THE COMPANIES ACT, 1956)
       NO.11, HAYES ROAD
       BENGALURU - 560 025
       KARNATAKA
                           2

     REPRESENTED BY ITS DIRECTORS
     MR.SANTHOSH KUMAR SONI
     MR.DHIRAJ PRABHU AND
     MR.AVINASH PRABHU

2.   MR.AVINASH PRABHU
     S/O MR.PETER PRABHU
     AGED MAJOR
     NO.11, HAYES ROAD
     BENGALURU 560 025
     KARNATAKA
     AND ALSO AT: 'KALMANE',
     NO.8, 78 LAVELLE ROAD
     BENGALURU - 560 001

3.   MR. DHIRAJ PRABHU
     S/O MR.PETER PRABHU
     AGED MAJOR
     NO.11, HAYES ROAD
     BENGALURU - 560 025
     KARNATAKA
     AND ALSO AT: 'KALMANE',
     NO.8,     78 LAVELLE ROAD
     BENGALURU - 560 001
                                      ... RESPONDENTS

                        ***

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
378(4) CR.P.C. PRAYING TO SET ASIDE THE ACQUITTAL
JUDGMENT DATED 10.07.2019, PASSED BY THE LXVIII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY (CCH-69) IN CRL.A.NO.236/2016, WHICH IS PRODUCED
HEREWITH AT ANNEXURE-A AND CONSEQUENTLY SET ASIDE
THE ACQUITTAL OF THE RESPONDENT, ACQUITTING THE
RESPONDENTS/ACCUSED FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF N.I. ACT.

      THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS,
THIS DAY, THE COURT DELIVERED THE FOLLOWING;
                            3


                      JUDGMENT

Learned counsel for the appellant has filed memo

seeking leave of the Court to withdraw the appeal stating

that the dispute has been amicably settled between the

parties.

2. Memo is placed on record.

The appeal is dismissed as withdrawn.

In view of dismissal of the appeal, I.A.No.1/2019

does not survive for consideration and disposed of

accordingly.

Sd/-

JUDGE

pgg