Sri Basavaraju vs Sri Mohan Kumara
2023 Latest Caselaw 8530 Kant

Karnataka High Court

Sri Basavaraju vs Sri Mohan Kumara on 27 November, 2023

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                                                           NC: 2023:KHC:42617
                                                      CRL.A No. 933 of 2013




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                            BEFORE
                          THE HON'BLE MR JUSTICE G BASAVARAJA
                            CRIMINAL APPEAL NO. 933 OF 2013
               BETWEEN:

               SRI. BASAVARAJU,
               S/O LATE KESHAVASHETTY,
               AGED ABOUT 45 YEARS,
               PROPRIETOR, SRI. BALAJI TRADERS,
               RAGI, JOWAR DEALERS,
               A.P.M.C.YARD, B.M.ROAD,
               HASSAN - 573 201.
                                                                 ...APPELLANT
               (BY SRI. H.J. ANANDA, ADVOCATE)

               AND:

               SRI. MOHAN KUMARA,
               S/O R. LAKSHMAIAH,
Digitally
signed by      AGED ABOUT 40 YEARS,
SANDHYA S
               PROPRIETOR, SRI. GANESHA TRADERS,
Location:
High Court     NO.559, AMBABHAVANI SRIKRISHNA NILAYA,
of Karnataka
               2ND STAIR, 4TH MAIN ROAD, WARD NO.155,
               JHANSIRANI LAKSHMIBAI ROAD,
               BHAVANI NAGARA, BANGALORE - 560 019.
                                                               ...RESPONDENT
               (BY SRI. N.H. ANANTH NARASIMHA MURTHY, ADVOCATE)

                      THIS CRL.A IS FILED U/S 378(4) OF CR.P.C. PRAYING TO
               SET ASIDE THE ORDER DATED 14.08.2013 PASSED BY THE
               PRL.C.J.    AND   J.M.F.C.    HASSAN   IN     CC.NO.185/2011
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                                        NC: 2023:KHC:42617
                                     CRL.A No. 933 of 2013




ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE
P/U/S 138 OF N.I. ACT 1881.

     THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

1. The appellant is present before the Court. Learned

counsel for the appellant files a memo dated 27.11.2023,

which reads as under :-

"The appellant in the above appeal most respectfully submits as under :-

The appellant has filed the above appeal against the impugned judgment and order dated 14.08.2013 in C.C.No.185/2011 passed by the Principal Civil Judge and JMFC, Hassan whereby the complainant filed by the appellant under section 200 of Cr.P.C. and the order of acquittal of the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

The appellant submits that, now the appellant is not interested to prosecute the above appeal against the respondent and therefore, seeks leave of this Hon'ble Court to withdraw the above appeal. Therefore, this Hon'ble Court may be pleased to Dismiss the above appeal as withdrawn in the interest of justice and equity."

NC: 2023:KHC:42617

2. The memo is taken on record and the appellant is

permitted to withdraw this case.

3. In view of the memo, the appeal is dismissed as

withdrawn.

Sd/-

JUDGE

NG

CT: BHK