M/S Shriram Transport Finance Co Ltd vs K R Aravinda
2024 Latest Caselaw 10010 Kant

Karnataka High Court

M/S Shriram Transport Finance Co Ltd vs K R Aravinda on 5 April, 2024

                                             -1-
                                                        CRL.A No. 4 of 2019
                                                        NC: 2024:KHC:14213




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF APRIL, 2024

                                          BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                              CRIMINAL APPEAL NO.4 OF 2019
                   BETWEEN:

                       M/S SHRIRAM TRANSPORT FINANCE CO. LTD.,
                       HAVING ITS REGISTERED OFFICE AT
                       MOOKAMBIKA COMPLEX, 3RD FLOOR, LADY DESIKA
                       ROAD, MYLAPORE, CHENNAI - 600 004
                       WITH ITS BRANCH OFFICE AT
                       NAVODAYA CIRCLE, MYSORE ROAD,
                       CHANNARAYAPATNA TOWN
                       HASSAN DISTRICT - 573 116
                       REP BY ITS MANAGER (LEGAL)
                       MR NAGABHUSHAN M C
                       S/O CHIKKARANGAIAH
                       AGED ABOUT 42 YEARS,
                                                              ...APPELLANT
                   (BY SRI. M J ALVA, ADVOCATE)

                   AND:
Digitally signed
by MADHURI S           K R ARAVINDA
Location: High         S/O RANGE GOWDA
Court of               AGED ABOUT 33 YEARS,
Karnataka              R/O NO.125, D KALENAHALLI, KASABA HOBLI
                       CHANNARAYAPATNA TALUK
                       HASSAN DISTRICT - 573 116
                                                            ...RESPONDENT
                   (BY SRI. PRABHUGOUD B TUMBIGI, ADVOCATE)

                        THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
                   PRAYING THAT a) AFTER PERUSING THE RECORDS SET ASIDE
                   THE IMPUGNED JUDGMENT OF ACQUITTAL DATED 25.10.2018,
                   PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE & JMFC,
                   CHANNARAYAPATNA IN C.C.NO.299/2013; b) REVERSE THE
                   FINDINGS AND CONVICT THE RESPONDENT FOR AN OFFENCE
                             -2-
                                       CRL.A No. 4 of 2019
                                        NC: 2024:KHC:14213




PUNISHABLE   UNDER    SECTION   138  OF   NEGOTIABLE
INSTRUMENTS ACT AND SENTENCE HIM TO UNDERGO
IMPRISONMENT AND AWARD COMPENSATION TO THE EXTENT
OF TWICE THE CHEQUE AMOUNT WITH SIMPLE INTEREST
THEREON AT 9% PER ANNUM TO THE APPELLANT; c) GRANT
COST OF THIS APPEAL; d) GRANT SUCH OTHER AND FURTHER
RELIEFS AS THIS HON'BLE COURT DEEMS FIT CONSIDERING
THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE
ENDS OF JUSTICE.

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

                         JUDGMENT

Learned counsel for the appellant/complainant has

filed memo along with copy of letter stating that the

amount due from the respondent/accused is realized and

as such, the appellant/complainant does not press for

appeal and seeks permission to withdraw the same.

The aforesaid memo along with copy of the letter is

taken on record.

In the light of the aforesaid memo, appeal is

dismissed as withdrawn having settled out of Court.

Sd/-

JUDGE MDS