M/S Vistaar Financial Services Pvt Ltd vs Mr Afsar Pasha
2024 Latest Caselaw 5785 Kant

Karnataka High Court

M/S Vistaar Financial Services Pvt Ltd vs Mr Afsar Pasha on 26 February, 2024

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                                                     NC: 2024:KHC:7821
                                                 CRL.A No. 467 of 2018




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                 DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                        BEFORE
                       THE HON'BLE MS JUSTICE J.M.KHAZI
                        CRIMINAL APPEAL NO.467 OF 2018
               BETWEEN:

                   M/S VISTAAR FINANCIAL SERVICES PVT LTD
                   HAVING ITS OFFICE AT NO.80, MCHS LAYOUT,
                   NO.59 & 60-23, 22ND CROSS,
                   29TH MAIN, BTM LAYOUT, 2ND STAGE,
                   BENGALURU - 560 076.
                   REPRESENTED BY ITS AUTHORIZED SIGNATORY.
                                                          ...APPELLANT
               (BY SRI. JAI M PATIL, ADVOCATE)

               AND:

                  MR AFSAR PASHA
                  CHIKKADEVANUR DEVANUR KADUR,
                  KADUR - 577 175.
                                                        ...RESPONDENT
               (RESPONDENT IS SERVED)
Digitally
signed by           THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
MADHURI S      PRAYING TO a) ALLOW THIS APPEAL AND SET ASIDE THE
Location:      JUDGMENT OF ACQUITTAL IN C.C.NO.4171/2016 DATED
High Court     16.12.2017 PASSED BY THE XLII A.C.M.M., BENGALURU AND
of Karnataka   CONVICT THE ACCUSED FOR HAVING COMMITTED AN
               OFFENCE PUNISHABLE UNDER SECTION 138 OF THE
               NEGOTIABLE INSTRUMENTS ACT IMPOSING SENTENCE OF
               FINE AS PROVIDED IN LAW AND IN THE INTEREST OF
               JUSTICE; b) IT IS ALSO PRAYED THAT THIS HON'BLE COURT
               BE PLEASED TO DIRECT PAYMENT OF CHEQUE AMOUNT AND
               THE FINE AMOUNT TO THE APPELLANT / COMPLAINANT IN THE
               EVENT OF THE RESPONDENT / ACCUSED BEING CONVICTED IN
               THE INTEREST OF JUSTICE AND EQUITY; c) GRANT SUCH
               OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT IN THE
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                                          NC: 2024:KHC:7821
                                     CRL.A No. 467 of 2018



CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF
JUSTICE AND EQUITY.

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

                         JUDGMENT

Respondent is present.

Learned counsel for the appellant/complainant has

filed a memo seeking permission to withdraw the appeal

as matter is settled between the parties outside the Court.

The aforesaid memo is taken on record.

In the light of the same, appeal is dismissed as

settled out of Court.

Sd/-

JUDGE

MDS