M/S. Maruthi Finance Enterprises ... vs Syed Babu @ Babu
2023 Latest Caselaw 381 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 5 T H DAY OF JAN UARY, 2023

                         BEFOR

          THE HON'BLE MR.J USTICE P.N.DESAI

           CRIMINAL APPEAL NO.1192 OF 2017

BETWEEN:
M/S. MARUTHI FINANCE ENTERPRISES ®,
REPRESENTED BY POA HOLDER
MAHESH. N.G.,
HAVING ITS OFFICE AT
NO.3445, 1ST FLOOR,
SERVICE ROAD, RPC LAYOUT,
VIJAYANAGAR 2ND STAGE,
BANGALORE - 560 040.
REPRESENTED BY ITS GPA HOLDER,
MAHESH N.G.
                                          ... APPELLANT
(BY SMT.VIDYA SELVAMONY, ADVOCATE FOR
    SRI.KARTHIK P.M., ADVOCATE)

AND:
SYED BABU @ BABU,
S/O. ABDUL LATIF,
AGED ABOUT 54 YEARS,
RESIDING AT NO.22, 2ND MAIN,
SATTAR LAYOUT, LALJINAGAR,
LAKKASANDRA,
BANGALORE - 560 030.
                                         ...RESPONDENT

(BY SRI.NAVEEN KUMAR L., ADVOCATE (ABSENT))


      THIS APPEAL IS FILED UNDER SECTION 378(4) OF
CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT DATED
29.05.2017 PASSED BY THE XLII ADDL.C.M.M., BANGALORE IN
C.C.NO.11492/2015   -  ACQUITTING    THE    RESPONDENT/
ACCUSED FOR THE OFFENCE P/U/S 138 OF N.I. ACT.
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     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

Learned counsel for the appellant files a memo

seeking withdrawal of the appeal. The memo reads as

under:

"The undersigned advocate for appellant prays that this Hon'ble Court may be pleased to permit the appellant to withdraw the above case and permit me to file a recovery suit and kindly condone the delay in filing the recovery suit, memo may be taken on record in the interest of justice and equity."

2. The memo is taken on record.

3. If at all the appellant is entitled to recover

money under any law, the appellant is at liberty to

institute any legal proceeding, if he is advised so, before

the appropriate Forum in accordance with law. The appeal

is hereby dismissed as withdrawn. No costs.

Sd/-

JUDGE

TL