Sri Rangaswamy C H vs Sri Hanumantha
2022 Latest Caselaw 12812 Kant

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    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 3RD DAY OF NOVEMBER, 2022

                       BEFORE

           THE HON'BLE MS.JUSTICE J.M.KHAZI

         CRIMINAL APPEAL NO.1899 OF 2019

BETWEEN:

SRI RANGASWAMY C H
SON OF HONNAIAH
AGED ABOUT 48 YEARS
RESIDING AT NO.10/12
4TH MAIN, 9 TH CROSS
BANASHANKARI 3RD STAGE
SRINIVASANAGAR
BANGALORE - 560 085
                              ... COMPLAINANT/APPELLANT

(BY SRI. KUMARA K.G, ADVOCATE)

AND:

SRI HANUMANTHA
AGED ABOUT 42 YEARS
R/AT NO.149/150
2ND FLOOR, 3RD CROSS
HRISHIKESHNAGAR
HOSKERIHALLI
BANGLAORE - 560 085
                                 ...ACCUSED/RESPONDENT

(BY SRI. J.T.GIREESHA, ADVOCATE)

      THIS APPEAL IS FILED UNDER SECTION 378(4) OF THE
CODE OF CRIMINAL PROCEDURE PRAYING TO a) SET ASIDE
THE JUDGMENT AND ORDER OF ACQUITTAL              DATED
25.07.2019 PASSED CRIMINAL APPEAL NO.446/2017 ON THE
FILE OF THE LX ADDITIONAL CITY CIVIL & SESSIONS JUDGE,
BENGALURU (CCH-61) AND b) CONSEQUENTLY MODIFY THE
RECORD OF CONVICTION AGAINST RESPONDENT PASSED BY
THE    HON'BLE    XXII   ADDL.   CHIEF   METROPOLITAN
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MAGISTRATE, BENGALURU CITY IN C.C.NO.12313/2016
DATED 15.12.2016, FOR THE OFFENCE UNDER SECTION 138
OF   NEGOTIABLE    INSTRUMENT    ACT  AND    IMPOSE
APPROPRIATE SENTENCE WITH COMPENSATION BEING
GRANTED TO THE PETITIONER BY ALLOWING THIS APPEAL,
IN THE ENDS OF JUSTICE.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                    JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission to withdraw the appeal.

The aforesaid memo is taken on record.

In view of the memo, appeal is dismissed as

withdrawn.

Sd/-

JUDGE

MDS