H E Somashekar vs V Muruli
2023 Latest Caselaw 9386 Kant

Karnataka High Court

H E Somashekar vs V Muruli on 5 December, 2023

                                         -1-
                                                       NC: 2023:KHC:43886
                                                    CRL.A No. 560 of 2013
                                                C/W CRL.A No. 559 of 2013



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                       BEFORE
                       THE HON'BLE MR JUSTICE G BASAVARAJA
                          CRIMINAL APPEAL NO. 560 OF 2013
                                        C/W
                          CRIMINAL APPEAL NO. 559 OF 2013

               In Crl.A.No.560/2013

               BETWEEN:

               H.E.SOMASHEKAR,
               AGED ABOUT 40 YEARS,
               S/O ERANNA,
               R/A NO.50, MARILINGAPPA LAYOUT,
               60 FEET ROAD,
               NAGARBHAVI II STAGE,
               BANGALORE-560 072.
                                                             ...APPELLANT
               (BY SRI. GAURAV N., ADVOCATE)

Digitally      AND:
signed by
SANDHYA S      V.MURULI,
Location:      S/O LATE VENKATESH,
High Court     NO.16, RAMAIAH WATER TANK ROAD,
of Karnataka   PEENYA 2ND STAGE,
               BANGALORE-560 058.
                                                           ...RESPONDENT
               (BY SMT. JAMUNA BAI, ADVOCATE)

                    THIS CRL.A. FILED U/S. 378(4) CR.P.C PRAYING TO SET
               ASIDE THE JUDGMENT DATED 16.01.2013 PASSED BY THE XII
               A.C.M.M., BANGALORE IN C.C.NO.21568/2009 - ACQUITTING
               THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE
               UNDER SECTION 138 OF N.I. ACT.
                              -2-
                                          NC: 2023:KHC:43886
                                       CRL.A No. 560 of 2013
                                   C/W CRL.A No. 559 of 2013



In Crl.A.No.559/2013

BETWEEN:

SRI. MALLIKARJUNA N.M.,
AGED ABOUT 40 YERAS
S/O MALLEGOWDA,
C/O S.M.PLOYUKRATHANE PRODUCTS,
NO.V50(B), 6TH MAIN ROAD,
2ND STAGE, PEENYA INDUSTRIAL ESTATE,
BANGALORE-560 058.
                                                ...APPELLANT
(BY SRI. GAURAV N., ADVOCATE)

AND:

V.MURULI,
S/O LATE VENKATESH,
NO.16, RAMAIAH WATER TANK ROAD,
PEENYA 2ND STAGE,
BANGALORE-560 058.
                                              ...RESPONDENT
(BY SMT. JAMUNA BAI, ADVOCATE)

     THIS CRL.A. FILED U/S. 378(4) CR.P.C PRAYING TO SET
ASIDE THE JUDGMENT DATED 16.01.2013 PASSED BY THE XII
A.C.M.M., BANGALORE IN C.C.NO.21572/2009 - ACQUITTING
THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF N.I.ACT.

     THESE APPEALS, COMING ON FOR ARGUMENTS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

Both the counsel present.

2. Learned counsel for the appellant has filed a

memo dated 05.12.2023 in both the appeals seeking

NC: 2023:KHC:43886

permission of this Court to withdraw the appeals. The said

memos are also signed by the appellant.

3. In view of the above, the appeals are

dismissed as withdrawn.

In view of dismissal of main appeals, pending

applications, if any, stand disposed of.

Sd/-

JUDGE

PGG