S Dhanpal vs M/S Lalitha Enterprises
2022 Latest Caselaw 3625 Kant

                           1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 03RD DAY OF MARCH, 2022

                        BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

           CRIMINAL APPEAL NO. 1499 OF 2021

BETWEEN:
S. DHANPAL
S/O LATE SAGADEVA NAIDU,
AGED ABOUT 73 YEARS,
R/AT NO.113, 6TH C MAIN,
REMCO LAYOUT, VIJAYANAGAR II STAGE,
BENGALURU-560 040
                                        ... APPELLANT
(BY SRI. RAMESHA H.E , ADVOCATE (PH))

AND:

1.     M/S LALITHA ENTERPRISES,
       A PROPRIETOR CONCERN,
       NO.19, 13TH MAIN, II STAGE,
       9TH BLOCK, BDA LAYOUT,
       NAGARABHAVI,
       BENGALURU-560 072.
       REPRESENTED BY ITS PROPRIETOR
       SANJAY T. H.

2.     SANJAY T.H.
       AGED ABOUT 35 YEARS,
       S/O HALASWAMY,
       PROPRIETOR OF M/S. LALITHA ENTERPRISES,
       HAVING ADDRESS AT:
       NO.19, 13TH MAIN, II STAGE,
       9TH BLOCK, BDA LAYOUT,
       NAGARABHAVI, BENGALURU-560 072.
       ALSO HAVING ADDRESS AT:
       TELE BRANDS, SHOP NO.G1-34,
       INORBIT COMPLEX NO.75, NEXT TO
       SATYA SAI HOSPITAL, WHITEFIELD,
                                2

     BENGALURU-560 066.
     REPRESENTED BY ITS PROPRIETOR
     SANJAY T. H.
                                 ... RESPONDENTS


     THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(3) OF CR.P.C, PRAYING TO ENHANCE THE CHEQUE

CLAIM     AMOUNT      AND   MODIFY     THE     ORDER   DATED

02.03.2020 PASSED BY THE XXIII ADDL.C.M.M., BENGALURU

AND ALLOW THIS APPEAL WITH COSTS AND ETC.,



        THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS

THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS

DAY, THE COURT MADE THE FOLLOWING;


                        JUDGMENT

Learned counsel for appellant submits that by

inadvertance he has filed this appeal before this Court and

therefore, seeks permission to withdraw the appeal and

approach the Sessions Court.

2. Liberty sought is granted. The learned

Sessions Judge may consider liberally the time consumed

by the appellant in prosecuting the appeal before this

Court.

With the above observation, Appeal is disposed of.

The Registry shall return the original/certified copies

to the learned counsel for the appellant, retaining the

photocopies.

Sd/-

JUDGE

JY