M/S Nagapura Credit vs Sri N Kumar
2023 Latest Caselaw 1632 Kant

                                               -1-
                                                           CRL.A No. 869 of 2011




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF FEBRUARY, 2023

                                              BEFORE
                               THE HON'BLE MR JUSTICE P.N.DESAI
                                 CRIMINAL APPEAL NO. 869 OF 2011
                      BETWEEN:

                      SRI. M/S NAGAPURA CREDIT,
                      CO-OPERATIVE SOCIETY LIMITED,
                      NO. 411, 12TH CROSS,
                      WEST OF CHORD ROAD,
                      2ND STAGE,
                      BANGALORE.

                                                                    ...APPELLANT
                      (BY SRI. T N VISWANATHA, ADVOCATE)

                      AND:

                      SRI. N. KUMAR,
                      S/O SRI. M. NARAYANA,
Digitally signed by
NAGARATHNA M          MAJOR,
Location: HIGH        R/A NO. 177/1,
COURT OF
KARNATAKA
                      2ND MAIN ROAD,
                      2ND CROSS,
                      BHOVI PALYA,
                      MAHALAKSHMIPURAM,
                      BANGALORE - 560 086.

                                                                  ...RESPONDENT
                      (BY SRI. R SHYAMA, ADVOCATE)
                                -2-
                                        CRL.A No. 869 of 2011




     THIS CRL.A. IS FILED U/S. 397 CR.P.C. PRAYING TO SET
ASIDE ORDER DT:28.09.2010 PASSED BY THE P.O., FTC-V,
BANGALORE IN CRL.A.NO.279/10 AND TO CONFIRM THE
ORDER DATED 06.03.2010 PASSED BY THE XIII ACMM,
BANGALORE IN C.C.NO. 6986/08, WITH COSTS, IN THE
INTEREST OF JUSTICE.

     THIS     APPEAL,     COMING     ON      FOR    REPORTING

SETTLEMENT,     THIS    DAY,   THE   COURT      DELIVERED    THE

FOLLOWING:

                          JUDGMENT

1. Learned counsel for the appellant has filed a memo along

with a copy of the letter issued by the respondent - Society and

signed by one of its employees. Respondent's learned counsel

and also respondent are present in the Court.

2. Learned counsel for the appellant states that the matter

is settled out of Court and the loan account will be closed and

there is no further amount due by the respondent.

3. The memo dated 28.02.2023 reads as under:

"The undersigned advocate appearing for the appellant

submits that amount covered under the cheque bearing

No. 623776 drawn on HDFC Bank is fully settled as

CRL.A No. 869 of 2011

against loan amount of Smt. Jayashree and in that

regard Loan closure letter is enclosed along with this

memo. In view of the same the above appeal may be

dismissed as settled out of court in the interest of

justice."

4. As part of settlement, a Demand Draft bearing

No.081585, drawn on Canara Bank for Rs.25,000/- is also

handed over to the appellant.

5. In view of the memo, appeal is dismissed as settled out

of Court.

6. I.A.1/2022 stands disposed of as not surviving for

consideration.

Sd/-

JUDGE

sac