M/S Maba Corporate Services Pvt ... vs Sri. H Prabhakar
2023 Latest Caselaw 996 Kant

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                                                             CRL.A No. 1674 of 2018
                                                         C/W CRL.A No. 1678 of 2018

                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 17TH DAY OF JANUARY, 2023

                                                BEFORE
                                  THE HON'BLE MR JUSTICE P.N.DESAI
                                 CRIMINAL APPEAL NO. 1674 OF 2018
                                                  C/W
                                 CRIMINAL APPEAL NO. 1678 OF 2018

                      IN CRL.A.NO.1674/2018

                      BETWEEN:

                      1.    M/S. MABA CORPORATE SERVICES PVT. LTD.,
                            NO.186/1, J.C.COMPLEX ANNEX,
                            SIRUR PARK ROAD, SESHADRIPURAM,
                            BENGALURU - 560 020.
                            REPRESENTED BY ITS SPA HOLDER
                            MR.K. VENKATESH MURTHY.
Digitally signed by
NAGARATHNA M
Location: HIGH
                                                                       ...APPELLANT
COURT OF
KARNATAKA
                      (BY SRI. KRISHNA MURTHY V., ADVOCATE)

                      AND:

                      1.    SRI. H. PRABHAKAR,
                            S/O HANUMANTHAIAH,
                            AGED ABOUT 48 YEARS,
                            R/AT NO.27, 4TH B MAIN ROAD,
                            SRI.SRINIDHI MUTT,
                            OPP. CANARA TRAVELS,
                            BANASHANKARI III STAGE,
                            BENGALURU - 560 085.

                                                                     ...RESPONDENT
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                                        CRL.A No. 1674 of 2018
                                    C/W CRL.A No. 1678 of 2018

        THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT DATED 20.08.2018 PASSED BY THE
XXVII ADDL.C.M.M., BENGALURU IN C.C.NO.10090/2015 -
ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
P/U/S 138 OF N.I. ACT.

IN CRL.A.NO.1678/2018

BETWEEN:

1.   M/S. MABA CORPORATE SERVICES PVT. LTD.,
     NO.186/1, J.C.COMPLEX ANNEX,
     SIRUR PARK ROAD, SESHADRIPURAM,
     BENGALURU - 560 020.
     REPRESENTED BY ITS SPA HOLDER
     MR.K. VENKATESH MURTHY.

                                                  ...APPELLANT
(BY SRI. KRISHNA MURTHY V., ADVOCATE)

AND:

1.   SMT.SUMITHRA PRABHAKAR,
     W/O SRI.H.PRABHAKAR,
     AGED ABOUT 45 YEARS,
     R/AT NO.27, 4TH B MAIN ROAD,
     SRI.SRINIDHI MUTT,
     OPP. CANARA TRAVELS,
     BANASHANKARI III STAGE,
     BENGALURU - 560 085.

                                                ...RESPONDENT

        THIS CRL.A. IS FILED U/S.378(4) OF CR.P.C PRAYING TO
SET ASIDE THE JUDGMENT DATED 20.08.2018 PASSED BY THE
XXVII    ADDL.C.M.M.,    BENGALURU     IN   C.C.NO.341/2015   -
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                                            CRL.A No. 1674 of 2018
                                        C/W CRL.A No. 1678 of 2018

ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
P/U/S 138 OF N.I. ACT.

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

                            JUDGMENT

Learned counsel for the appellant in both the appeals

filed a memo seeking permission to withdraw the above

appeals. Memo reads as under:

"The Appellant humbly submits that, the Respondent, SRI H.PRABHAKAR was died recently. In view of the death of the sole Respondent, the appeal does not survive for consideration. Hence, the Appellant pray this Hon'ble Court be pleased to permit the appellant to withdraw the appeal, in the interest of justice and equity. Hence, this memo."

2. Memo is taken on record.

3. In view of the memo, the appeals are

dismissed as withdrawn.

Sd/-

JUDGE

KTY