Karnataka High Court
Mrs Usha Sreekanthan vs Mythreyi Promoters And ... on 24 August, 2023
Bench: S Rachaiah
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NC: 2023:KHC:30340
CRL.A No. 627 of 2017
C/W CRL.A No. 628 of 2017
CRL.A No. 629 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL APPEAL NO. 627 OF 2017 (A)
C/W
CRIMINAL APPEAL NO. 628 OF 2017 (A)
CRIMINAL APPEAL NO. 629 OF 2017 (A)
IN CRIMINAL APPEAL NO. 627 OF 2017 (A)
BETWEEN:
MRS USHA SREEKANTHAN
WIFE OF LATE SREEKANTAN
AGED ABOUT 74 YEARS
RESIDING AT NO.B-704/804
STERLING TERRACES
NO.3, 100 FEET RING ROAD
BANASHANKARI III STAGE
Digitally BANGALORE - 560 085.
signed by N ...APPELLANT
UMA
Location: (BY SRI. JOSHUA HUDSON SAMUEL, ADVOCATE)
HIGH
COURT OF
KARNATAKA
AND:
1. MYTHREYI PROMOTERS AND DEVELOPERS P LTD
2. MR B K RAJENDRAN
MANAGING DIRECTOR
MYTHREYI PROMOTERS
AND DEVELOPERS(P) LTD
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NC: 2023:KHC:30340
CRL.A No. 627 of 2017
C/W CRL.A No. 628 of 2017
CRL.A No. 629 of 2017
BOTH AT NO.152,
20TH MAIN, 12TH CROSS
J P NAGAR, PHASE II
SARAKKI
BANGALORE - 560 078.
AND ALSO AT
NO.50, 5TH CROSS, WILSON GARDEN
BANGALORE - 560 027.
...RESPONDENTS
(BY SRI. AJAY J N, ADVOCATE FOR THE R2)
THIS CRIMINAL APPEAL IS FILED U/S.378(4) CR.P.C
PRAYING THAT TO SET ASIDE THE IMPUGNED ORDER DATED
06.01.2017 PASSED BY THE XII ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BANGALORE IN
C.C.NO.28256/2014 - ACQUITTING THE RESPONDENT/
ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION
138 OF N.I. ACT.
IN CRIMINAL APPEAL NO. 628 OF 2017 (A)
BETWEEN:
MRS USHA SREEKANTHAN
WIFE OF LATE SREEKANTAN
AGED ABOUT 74 YEARS
RESIDING AT NO.B-704/804
STERLING TERRACES
NO.3, 100 FEET RING ROAD
BANASHANKARI III STAGE
BANGALORE - 560 085.
...APPELLANT
(BY SRI. JOSHUA HUDSON SAMUEL, ADVOCATE)
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NC: 2023:KHC:30340
CRL.A No. 627 of 2017
C/W CRL.A No. 628 of 2017
CRL.A No. 629 of 2017
AND:
1. MYTHREYI PROMOTERS AND DEVELOPERS P LTD
2. MR B K RAJENDRAN,
MANAGING DIRECTOR
MYTHREYI PROMOTERS
AND DEVELOPERS(P) LTD
BOTH AT NO.152,
20TH MAIN, 12TH CROSS
J P NAGAR, PHASE II
SARAKKI
BANGALORE - 560 078.
AND ALSO AT
NO.50, 5TH CROSS, WILSON GARDEN
BANGALORE - 560 027.
...RESPONDENTS
(BY SRI. AJAY J N, ADVOCATE FOR THE R1 AND R2)
THIS CRIMINAL APPEAL IS FILED U/S.378(4) CR.P.C
PRAYING THAT TO SET ASIDE THE IMPUGNED ORDER DATED
06.01.2017 PASSED BY THE XII ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BANGALORE IN
C.C.NO.28253/2014 - ACQUITTING THE RESPONDENT/
ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION
138 OF N.I. ACT.
IN CRIMINAL APPEAL NO. 629 OF 2017 (A)
BETWEEN:
MRS NEELA DEVI RANGANATHA @NEELA
BY HER POWER OF ATTORNEY HOLDER
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NC: 2023:KHC:30340
CRL.A No. 627 of 2017
C/W CRL.A No. 628 of 2017
CRL.A No. 629 of 2017
MRS. USHA SREEKANTHAN
WIFE OF LATE SREEKANTHAN
AGED ABOUT 74 YEARS
RESIDING AT NO.B-704/804
STERLING TERRACES
NO.3, 100 FEET RING ROAD
BANASHANKARI III STAGE
BANGALORE - 560 085.
...APPELLANT
(BY SRI. JOSHUA HUDSON SAMUEL, ADVOCATE)
AND:
1. MYTHREYI PROMOTERS AND DEVELOPERS P LTD
2. MR B K RAJENDRAN
MANAGING DIRECTOR
MYTHREYI PROMOTERS
AND DEVELOPERS(P) LTD
BOTH AT NO.152, 20TH MAIN, 12TH CROSS
J P NAGAR, PHASE II
SARAKKI
BANGALORE - 560 078.
AND ALSO AT
NO.50, 5TH CROSS, WILSON GARDEN
BANGALORE - 560 027.
...RESPONDENTS
(BY SRI. AJAY J N, ADVOCATE FOR THE R1 AND R2)
THIS CRIMINAL APPEAL IS FILED U/S.378(4) CR.P.C
PRAYING THAT TO SET ASIDE THE IMPUGNED ORDER DATED
-5-
NC: 2023:KHC:30340
CRL.A No. 627 of 2017
C/W CRL.A No. 628 of 2017
CRL.A No. 629 of 2017
06.01.2017 PASSED BY THE XII ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE, BANGALORE IN
C.C.NO.28257/2014 - ACQUITTING THE RESPONDENT/
ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION
138 OF N.I. ACT.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. Learned counsel for the appellant has filed a memos
seeking withdrawal of the appeals. The averments of the
said respective memos states as under :
CRL.A.627/2017
"The undersigned counsel for the Appellant submits
that, since the Appellant and Respondents have arrived
at an amicable settlement before the Lok Adalath held
on 12.11.2022 in the Suit bearing O.S.No.2192/2017
filed by the Appellant prays that this Hon'ble Court be
pleased to permit them to withdraw the aforesaid
Appeal." (sic)
CRL.A.628/2017
"1. The undersigned counsel for the Appellant submit
that, since the Appellant and Respondents have arrived
NC: 2023:KHC:30340
CRL.A No. 627 of 2017
C/W CRL.A No. 628 of 2017
CRL.A No. 629 of 2017
at a amicable settlement before the Lok Adalath held
on 12.11.2022 in the Suit bearing O.S.No.2192/2017
filed by the Appellant against Respondent, the
Respondent has paid a sum of Rs. 10,00,000/- (Rupees
Ten Lakhs and only) ("Settlement Amount") as
against the suit claim of the Appellant.
2. The Respondents have handed over a Demand
Draft bearing No.160859, dated 16.12.2022 drawn on
Indian Overseas Bank in favour of the Appellant for a
sum of Rs. 10,00,000/- and the Appellant has received
the said Demand Draft subject to realization, as full and
final settlement
3. In view of the aforesaid amount being received by
the Appellant, as per the terms of settlement, the
Appellant prays before this Hon'ble Court be pleased to
permit them to withdraw the aforesaid Appeal." (sic)
CRL.A.629/2017
"1. The undersigned counsel for the Appellant submit
that, since the Appellant and Respondents have arrived
at a amicable settlement before the Lok Adalath held
on 12.11.2022 in the Suit bearing O.S.No.2192/2017
filed by the Appellant against Respondent, the
Respondent has paid a sum of Rs. 15,00,000/- (Rupees
Fifteen Lakhs only) ("Settlement Amount") as
against the suit claim of the Appellant.
NC: 2023:KHC:30340
CRL.A No. 627 of 2017
C/W CRL.A No. 628 of 2017
CRL.A No. 629 of 2017
2. The Respondents have handed over a Demand
Draft bearing No.160846, dated 16.12.2022 drawn on
Indian Overseas Bank in favour of the Appellant on
record and the Appellant has received the said Demand
Draft subject to realization, as full and final settlement.
In view of the aforesaid amount being received by
the Appellant, as per the terms of settlement, the
Appellant prays before this Hon'ble Court be pleased to
permit them to withdraw the aforesaid Appeal".
2. On perusal of the averments of the said memos,
there is no embargo to this Court to dismiss the appeals as
withdrawn, as prayed for by the learned counsel for the
appellant. Accordingly, the Criminal Appeals stands
dismissed as withdrawn.
Sd/-
JUDGE
SNC
