The Managing Director vs Shri Vaman Narayan Pavare
2024 Latest Caselaw 1375 Kant

Karnataka High Court

The Managing Director vs Shri Vaman Narayan Pavare on 16 January, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                     -1-
                                                             NC: 2024:KHC-D:830
                                                            CRL.A No. 100617 of 2023




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 16TH DAY OF JANUARY, 2024

                                                   BEFORE
                              THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
                                 CRIMINAL APPEAL NO. 100617 OF 2023 (A)
                          BETWEEN:

                          THE MANAGING DIRECTOR
                          SHIVSHAKTI SUGAR LTD, SOUDATTI,
                          TQ. RAIBAG, DIST. BELAGAVI.

                          REPRESENTED BY
                          VINAYAK BALCHANDRA TALAKERI,
                          AGE: 32 YEARS
                          OCC. SENIOR H AND T CLERK,
                          R/O. ANKALI, TQ. CHIKODI,
                          DIST. BELAGAVI-591213.
                                                                         ...APPELLANT

                          (BY SRI ROSHAN CHABBI, ADVOCATE FOR SRI CHETAN PATIL)

                          AND:

                          SHRI VAMAN NARAYAN PAVARE
                          AGE: MAJOR, OCC. AGRICULTURE,
                          R/O. TALEWADI PO NITRUD,
            Digitally
VIJAYALAXMI signed by
M BHAT      VIJAYALAXMI
            M BHAT
                          TQ. MAJAGAON, DIST. BEED,
                          MAHARASHTRA STATE-413122.
                                                                       ...RESPONDENT

                                THIS CRIMINAL APPEAL IS FILED U/S 378(4) OF CR.P.C.,
                          SEEKING TO SET ASIDE AND RECALL THE ORDER DATED
                          19.12.2022 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC,
                          CHIKODI IN PCR.NO.31/2019 THEREBY ACQUITTING THE
                          RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE U/S 138
                          OF N.I. ACT ALLOWING THE TOP NOTED APPEAL.

                              THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                          COURT DELIVERED THE FOLLOWING:
                                -2-
                                      NC: 2024:KHC-D:830
                                     CRL.A No. 100617 of 2023




                          JUDGMENT

1. Learned counsel for the appellant submits that

he may be permitted to withdraw this appeal with liberty

to file appropriate petition challenging the order of

dismissal of complaint for non-prosecution before

cognizance of the alleged offence was taken by the trial

Court.

2. Submission is placed on record.

3. Appeal is dismissed as withdrawn with liberty as

prayed for.

4. Registry is directed to return certified copy of

the order and order sheet, if any, to the learned counsel

for the appellant, after retaining photostat copy of the

same.

Sd/-

JUDGE

KGK