Shriram Transport Finance ... vs Sri Krishna @ Krishna Murthy T
2022 Latest Caselaw 9850 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 28TH DAY OF JUNE, 2022

                         BEFORE

      THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

          CRIMINAL APPEAL NO.1514 OF 2017

BETWEEN

SHRIRAM TRANSPORT FINANCE COMPANY LTD.,
P.B. ROAD, NEAR BILAL COMPOUND,
DAVANAGERE,
REPRESENTED BY ITS GPA HOLDER,
MR. GIRISH K.V.,
S/O. VEERABHADRAIAH,
AGED ABOUT 38 YEARS WORKING AS
ASSISTANT CREDIT MANAGER OF
SHRIRAM TRANSPORT FINANCE COMPANY LIMITED,
AT 2ND FLOOR, K.H. ROAD,
BANGALORE - 560 027.                       ... APPELLANT

[BY SRI. RAJESWARA P.N., ADVOCATE]

AND

SRI. KRISHNA @ KRISHNA MURTHY T.,
S/O. THIPPANNA (OWNER MAHINDRA & MAHINDRA),
R/O. YARAVANAGATHIHALLI VILLAGE,
KOLKUNTE POST - 577 002,
DAVANAGERE TALUK & DISTRICT.            ... RESPONDENT

[BY SRI. JAGADISHA S.G., ADVOCATE]

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     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4)
OF CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT OF
ACQUITTAL DATED 07.04.2017 PASSED IN C.C. NO.322/2014
PASSED BY THE HON'BLE J.M.F.C. (III COURT) AT DAVANAGERE
AND ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF N.I. ACT.

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

This appeal is preferred by the complainant praying

to set aside the judgment and order dated 07.04.2017

passed in C.C. No.322/2014 by the Court of J.M.F.C. (III

Court) at Davangere, whereby the respondent/accused

was acquitted of an offence punishable under Section

138 of N.I. Act.

2. The learned counsel appearing for both the

parties as well as the parties are present before the

Court. A joint memo has been filed signed by the learned

counsel as well as the respective parties stating that the

parties have mutually agreed to negotiate the matter for

settlement of their dispute once for all and in terms of

the settlement the respondent is paying a sum of

Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only)

to the complainant/appellant by way of cash.

3. Mr. Girish K.V., representing the appellant/

complainant who is present before the Court submits

that he has received the amount and therefore, the

complainant will not precipitate the matter further. He

submits that the appeal may be dismissed as withdrawn.

Joint memo is placed on record.

In view of the above, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

HB/-