Smt H Gangalakshmi vs Sri Eshwar
2022 Latest Caselaw 8494 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 9TH DAY OF JUNE, 2022

                         BEFORE

       THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

           CRIMINAL APPEAL No.255 OF 2016


BETWEEN:

SMT. H. GANGALAKSHMI,
W/O. LATE SASALEGOWDA,
AGED 55 YEARS,
R/AT NO.42/9, 3RD BLOCK,
3RD CROSS, JAVARAIAH GARDEN EXTENSION,
THYAGARAJANAGARA,
BENGALURU - 560 028.                            ...   APPELLANT

[BY SRI. B. RAMESH, ADVOCATE]

AND:

SRI. ESHWAR,
S/O. LATE RANGAIAH SHETTY,
AGED 64 YEARS,
R/AT NO.106, KEMPAIAH COMPOUND,
PIPELINE ROAD, MALLESHWARAM,
BENGALURU - 560 003.                      ...     RESPONDENT

[BY SRI. VISWANATH SABARAD, ADVOCATE]

                           ***

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT AND ORDER
DATED 19.12.2015 PASSED BY THE LEARNED LXVII ADDL. CITY
CIVIL AND SESSIONS JUDGE, (CCH-68) AT BANGALORE, IN CRL.A.
NO.80/2015 AND CONFIRM THE JUDGMENT AND ORDER DATED
10.12.2014 PASSED BY THE XVIII A.C.M.M., AT BANGALORE IN
C.C. NO.22753/2009-ACQUITTING THE RESPONDENT/ACCUSED
FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
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     THIS CRIMINAL APPEAL COMING ON FOR FURTHER HEARING
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

This appeal is preferred by the complainant against

the Judgment of acquittal passed by the Court of LXVII

Additional City Civil and Sessions Judge, Bengaluru City

[CCH No.68], in Crl.A. No.80/2015 dated 19.12.2015,

whereby the learned Sessions Judge has set aside the

Judgment and Order dated 10.12.2014 passed by the XVIII

Additional Chief Metropolitan Magistrate, Bengaluru, in C.C.

No.22753/2009 and acquitted the accused i.e, respondent

herein of offence punishable under Section 138 of the

Negotiable Instruments Act.

2. Today, the learned counsel appearing on both

sides have kept the parties present before the Court. A

Joint Memo is filed signed by the respective parties as well

as the learned counsel appearing for them.

3. It is stated that the parties have agreed to

settle the dispute and the respondent/accused has agreed

to pay a sum of `50,000/- [Rupees Fifty Thousand only]

towards full and final settlement and the

appellant/complainant has agreed to receive the same. In

terms of the said settlement, a sum of `15,000/- [Rupees

Fifteen Thousand only] has been paid by cash to the

complainant today. It is submitted that a sum of `35,000/-

was deposited by the respondent/accused before the trial

Court and he has no objection for the complainant to

withdraw the same.

4. Joint memo is placed on record. In view of the

settlement, the appeal stands disposed of in the following

term:

        (i)    The      Judgment         and     Order      dated
               19.12.2015      passed          by    the    LXVII
               Additional     City   Civil      and      Sessions
               Judge,    Bengaluru        City      in   Criminal

Appeal No.80/2015, is confirmed.

(ii) The appellant/complainant is at liberty to withdraw the amount in deposit before the trial Court and the learned Magistrate shall release the amount to

the complainant on proper identification.

(iii) In view of disposal of the appeal in the above terms, the Order dated 17.03.2022 passed by this Court issuing attachment warrant for attaching the account of the respondent, bearing No.54034645348, State Bank of India, M.S. Building Branch, Bengaluru, is hereby recalled.

The registry shall communicate this order to the

concerned Bank forthwith.

Sd/-

JUDGE

Ksm*