M/S. Om Sai Finance And Enterprises ... vs Mr. Kumara Acharya
2024 Latest Caselaw 6528 Kant

Karnataka High Court

M/S. Om Sai Finance And Enterprises ... vs Mr. Kumara Acharya on 5 March, 2024

                                        -1-
                                                    CRL.A No. 913 of 2020
                                                        NC: 2024:KHC:9141




               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 5TH DAY OF MARCH, 2024

                                      BEFORE
                       THE HON'BLE MS JUSTICE J.M.KHAZI
                        CRIMINAL APPEAL NO.913 OF 2020
              BETWEEN:

                  M/S. OM SAI FINANCE AND ENTERPRISES (REGD)
                  HEBBARA COMPLEX,
                  BRAHMAVARA ROAD,
                  POST HEBRI VILLAGE - 576 112
                  REP. BY ITS MANAGING PARTNER,
                  MR. PRADEEP
                  AGED ABOUT 37 YEARS,
                  S/O ANANDA POOJARY,
                  RESIDING AT NO.6-125(1)
                  HUTHURKE, HEBRI TALUK
                  UDUPI DISTRICT
                                                         ...APPELLANT
              (BY SRI. DUKE DEVAIAH, ADVOCATE FOR
                  SRI. K CHANDRANATH ARIGA, ADVOCATE)

              AND:

Digitally signed   MR. KUMARA ACHARYA
by REKHA R         AGED ABOUT 38 YEARS,
Location: High     S/O SANKAYYA ACHARYA
Court of           UJOORU, MELMANE
Karnataka
                   POST MUDRADI VILLAGE - 576 112
                   HEBRI TALUK
                   UDUPI DISTRICT
                                                           ...RESPONDENT
              (RESPONDENT - SERVED)

                   THIS CRL.A IS FILED UNDER SECTION 378(4) OF CR.P.C
              PRAYING TO a) SET ASIDE THE JUDGMENT DATED 16.06.2020
              PASSED IN C.C.NO.1092/2019 ON THE FILE OF THE II
              ADDITIONAL CIVIL JUDGE AND JMFC, KARKALA; b) ALLOW
              THIS APPEAL BY PASSING THE ORDER OF CONVICTION; c)
                              -2-
                                       CRL.A No. 913 of 2020
                                             NC: 2024:KHC:9141




ALLOW    C.C.NO.1092/2019   ON THE FILE OF THE II
ADDITIONAL CIVIL JUDGE AND JMFC, KARKALA AND AWARD
COMPENSATION; d) GRANT SUCH OTHER AND FURTHER
RELIEF/S AS ARE JUST AND NECESSARY UNDER THE
CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY.

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

                        JUDGMENT

Learned counsel for appellant/complainant

present. He has filed memo seeking withdrawal of

appeal.

The Non-baliable warrant issued against

respondent/accused is not yet returned.

It is submitted by the learned counsel for

appellant that Non-bailable warrant issued against

respondent/accused is duly executed and he is taken

into custody by the trial Court. However, the matter is

settled. Therefore, he is seeking permission to

withdraw the appeal.

In the light of the above, appeal is dismissed as

withdrawn.

NC: 2024:KHC:9141

The Registry is directed to send intimation to the

trial Court through e-mail to release the

respondent/accused forthwith.

In view of dismissal of appeal, all pending

applications stands disposed of, as no further order is

required.

Sd/-

JUDGE

RR