Smt G S Chandrakantha vs Smt Thokala Umadevi
2023 Latest Caselaw 5238 Kant

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                                               NC: 2023:KHC:27319
                                                CRL.A No. 624 of 2019




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 3RD DAY OF AUGUST, 2023

                                     BEFORE
                      THE HON'BLE MR JUSTICE S RACHAIAH
                         CRIMINAL APPEAL NO. 624 OF 2019
              BETWEEN:
              SMT G S CHANDRAKANTHA
              W/O SRI G V SATHYANARAYANA,
              AGED ABOUT 43 YEARS
              R/AT # D NO.101,7TH MAIN,
              VINAYAKANAGARA,
              MYSURU-12
                                                         ...APPELLANT

              (BY SRI. RAGHUNATH M D & LEGAL AXIS.,ADVOCATE)
              AND:

              SMT THOKALA UMADEVI
              W/O SRI T KESAVA REDDY,
              AGED ABOUT 43 YEARS
              R/AT D.NO.28-83-5/4,KOTHAPETA,
              PUNGANUR POST & TOWN,
Digitally     CHITTOR DISTRICT,
signed by N
UMA           ANDHRAPRADESH.
Location:                                              ...RESPONDENT
HIGH
COURT OF      (BY SRI. B.K.MOHAN, ADVOCATE)
KARNATAKA


                   THIS CRL.A. IS FILED U/S 378(4) CR.P.C PRAYING TO
              ALLOW THE APPEAL, SET ASIDE THE JUDGMENT PASSED BY
              THE VII ADDITIONAL SESSIONS JUDGE, MYSURU, IN
              CRL.APPEAL NO.166/2018 DATED 13.02.2019, CONVICTING
              THE ACCUSED FOR HAVING COMMITTED THE OFFENCE P/U/S
              138 ON N.I ACT.

                   THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
              THE COURT DELIVERED THE FOLLOWING:
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                                            NC: 2023:KHC:27319
                                               CRL.A No. 624 of 2019




                               JUDGMENT

The learned counsel for the appellant files a memo dated

17.03.2022. Pararagraph Nos.2 and 3 of the memo reads as

under:

"2. It is submitted that the Respondent herein has paid a sum of Rs.8,90,000/- (Rupees Eight lakhs and ninety thousand only) to the Appellant by way of cash in full satisfaction of the entire claim made in the suit in O.S.No.4 of 2016 on the file of the Honourable 2nd Additional District Judge, Madanapalle and the Appellant herein has also executed a registered Discharge receipt for receiving Rs.8,90,000/- (Rupees Eight lakhs and ninety thousands only) before the S.R.O., Madanapalle in full satisfaction of the entire claim due under the suit registered simple Mortgage Deed dated 22.03.2011 bearing document No.1508 of 2011, S.R.O., Punganur and thus there are no pending monetary claims between the parties including the claim in the cheque involved in the above appeal. In view of the same the Appellant herein hereby agrees to withdraw / not press the Criminal Appeal No.624 of 2019 as fully settled.

3. Under the circumstances it is therefore most humbly prayed that this Honourable Court may

NC: 2023:KHC:27319 CRL.A No. 624 of 2019

be pleased to permit the Appellant to not press/withdraw the above appeal as settled, in the interest of justice."

2. On perusal of the above averments of the said

memo, the criminal appeal stands dismissed as withdrawn.

3. In view of dismissal of the appeal, I.A.No.3/2019

does not survive for consideration. Accordingly, the application

stands disposed off.

Sd/-

JUDGE

TL