Karnataka High Court
Sumalatha R Bhat vs Shreekara Ganapathi Bhat on 10 January, 2023
Bench: P.N.Desai
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CRL.A No. 1414 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE P.N.DESAI
CRIMINAL APPEAL NO. 1414 OF 2017 (A)
BETWEEN:
SUMALATHA R BHAT
W/O RAMESH BHAT
AGED ABOUT 48 YEARS,
R/O WORKMAN BLOCK,
HOUSE NO 142,
JOG FALLS, SAGAR TOWN
SHIMOGA DIST - 577401
...APPELLANT
(BY SMT. VIJAYA .M .N, ADVOCATE)
AND:
SHREEKARA GANAPATHI BHAT
S/O GANAPATHI T BHAT
R/O BASTHIBAILU KODAKANI
SIDDAPURA TALUK (U K)
Digitally signed by
RENUKAMBA K G ...RESPONDENT
Location: High
Court of Karnataka
(BY SRI. TEJAS .S .R, ADVOCATE)
THIS CRL.A. FILED U/S.378(4) CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT DATED 25.04.2017 PASSED BY
THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRAT
FIRST CLASS, SAGAR IN C.C.NO.209/2011- ACQUITTING
THE RESPONDENT/ACCUSED FOR THE OFFENCE P/U/S
138 OF N.I. ACT AND ETC.
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CRL.A No. 1414 of 2017
IA NO.1/2023 IS FILED ALONG WITH AN AFFIDAVIT
UNDER SECTION 70(2) OF CR.P.C., PRAYING TO RECALL
THE BAILABLE WARRANT ISSUED BY THIS HON'BLE
COURT VIDE ORDER DATED 24.11.2022 IN THE INTEREST
OF JUSTICE AND EQUITY AND GOOD CONSCIENCE.
THIS APPEAL COMING ON FOR ADMISSION ALONG
WITH IA NO.1/2023 FOR RECALLING BAILABLE WARRANT
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsels for the appellant and the
respondent are present before the Court physically.
2. Learned counsel for the appellant has filed a
memo seeking permission of the Court to withdraw the
appeal. The memo is taken on record and it reads as
under:-
"That in the above case appellant filed this
appeal against the judgment and order passed
by the Senior Civil Judge and Judicial Magistrate
I Class, Sagar, in CC No.209/2011.
Today is the hearing date for appearance of
respondent in the above case. Appellant now
not press the appeal filed against the
CRL.A No. 1414 of 2017
respondent. Appellant intends to withdraw the
appeal filed against the respondent in the above
case with the permission of this Hon'ble Court.
Hence, the appellant filing this memo for
withdrawal and pray this Hon'ble Court to close
the above case today, in the ends of justice and
equity."
3. Heard the learned counsel for the respondent
on IA No.1/2023 filed along with an affidavit for recalling
the Bailable Warrant issued against him by this Court vide
order dated 24.11.2022 and perused the same. It is
stated in the affidavit annexed to the said application that,
the respondent was acquitted of the offence punishable
under Section 138 of Negotiable Instruments Act vide
judgment and order dated 25.04.2017 passed by the
Senior Civil Judge and JMFC, Sagar. He further submits
that, the respondent had earlier received summons from
this Hon'ble Court to appear before this Court. But,
subsequent to receipt of summons, the appellant and the
respondent have settled the dispute amicably out of Court
at the intervention of well-wishers, way back in the year
CRL.A No. 1414 of 2017
2018 and as per the settlement, the appellant has agreed
to withdraw the instant appeal and the appellant has also
told him that, he need not to appear before the Court and
therefore under the bona fide belief that the appellant
might have already withdrawn the appeal, he did not
appear before the Court.
4. In view of the reasons stated in the
accompanying affidavit, IA No.1/2023 is allowed. The
Bailable Warrant issued against the respondent vide order
dated 24.11.2022, is recalled.
5. In view of the said memo for withdrawal of
appeal filed by the learned counsel for the appellant, this
appeal is dismissed as withdrawn.
Sd/-
JUDGE
KGR*
