Sri. Satish Kumar vs Twinspark Motors
2023 Latest Caselaw 7123 Kant

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                                                        NC: 2023:KHC:36715
                                                    CRL.A No. 1788 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 9TH DAY OF OCTOBER, 2023

                                       BEFORE
                        THE HON'BLE MR JUSTICE S RACHAIAH
                       CRIMINAL APPEAL NO. 1788 OF 2023 (A)
              BETWEEN:

              SRI. SATISH KUMAR,
              S/O LATE B. H. SRIKANTAPPA,
              AGED ABOUT 52 YEARS,
              R/AT NO.259, 5TH MAIN,
              MILK COLONY, MALLESWARAM WEST,
              BENGALURU - 560 055.
                                                              ...APPELLANT
              (BY SRI. G. S. PRASANNA KUMAR, ADVOCATE)
              AND:

              1.    TWINSPARK MOTORS,
                    A PARTNERSHIP FIRM,
                    HAVING OFFICE AT NO.15,
                    5TH MAIN, SHANTHIVANA,
                    KODIGEHALLI MAIN ROAD,
                    SAHAKARANAGAR,
Digitally
signed by N         BENGALURU - 560 092,
UMA
Location:
                    REPRESENTED BY ITS PARTNER.
HIGH
COURT OF
KARNATAKA     2.    NAGENDRA S. MURTHY,
                    PARTNER, TWINSPARK MOTORS,
                    NO.15, 5TH MAIN, SHANTHIVANA,
                    KODIGEHALLI MAIN ROAD,
                    SAHAKARANAGAR,
                    BENGALURU - 560 092.
                                                           ...RESPONDENTS

                   THIS CRIMINAL APPEAL IS FILED UNDER SECTION
              378(4) OF CRIMINAL PROCEDURE CODE PRAYING TO SET
              ASIDE THE IMPUGNED JUDGMENT DATED 18.07.2023 PASSED
              BY THE LEARNED LXVIII ADDITIONAL CITY CIVIL AND
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                                             NC: 2023:KHC:36715
                                        CRL.A No. 1788 of 2023




SESSIONS JUDGE, BENGALURU WHICH ALLOWED APPEAL IN
CRL.A.NO.509/2022 BY SETTING ASIDE THE JUDGMENT DATED
31.03.2022 IN C.C.NO.10435/2018 ON THE FILE OF XIX
A.C.M.M, AND THUS BY CONVICTING THE RESPONDENTS FOR
THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE
NEGOTIABLE INSTRUMENTS ACT AND SENTENCING TO PAY A
FINE OF RS.19,10,000/- AND TO PAY A SUM OF
RS.19,00,000/- TO THE APPELLANT AS COMPENSATION AND
THE REMAINING SUM OF RS.10,000/- IS ORDERED TO BE
REMITTED TO THE STATE AS FINE.

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



                             JUDGMENT

1. Learned counsel for the appellant has filed a memo

for withdrawal. The memo reads thus:

"The undersigned counsel for the petitioner prays that this Hon'ble Court may be pleased to withdraw the above Appeal as settled out of Court in the interest of justice and equity".

2. Considering the averments made in the said memo,

the Criminal Appeal stands dismissed as withdrawn.

Sd/-

JUDGE SNC

CT: BHK