Sri Kumar vs Sri Mahadeva M
2024 Latest Caselaw 11455 Kant

Karnataka High Court

Sri Kumar vs Sri Mahadeva M on 7 May, 2024

                                                   -1-
                                                                  NC: 2024:KHC:17049
                                                               CRL.A No. 831 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 7TH DAY OF MAY, 2024

                                                 BEFORE
                                  THE HON'BLE MRS JUSTICE M G UMA
                                  CRIMINAL APPEAL NO.831 OF 2024
                      BETWEEN:

                      SRI. KUMAR,
                      S/O. SIDDAPPA,
                      AGED ABOUT 32 YEARS,
                      R/AT NO. MARASHETTAHALLI VILLAGE,
                      HADAJANA POST, MYSORE - 571 311.
                                                                          ...APPELLANT
                      (BY SRI. BASAVARAJA D, ADVOCATE)

                      AND:

                      SRI. MAHADEVA M,
                      S/O. MADEGOWDA,
                      AGED ABOUT 44 YEARS,
                      R/AT OLD SBI ROAD,
Digitally signed by
                      NEAR BDO QUARTERS,
R MANJUNATHA
Location: high
                      MANDYA TALUK - 571 401.
court of karnataka
                                                                        ...RESPONDENT


                             THIS CRIMINAL APPEAL IS FILED UNDER SECTION
                      374(3) OF CRIMINAL PROCEDURE CODE PRAYING TO SET
                      ASIDE   THE   ORDER   OF   CONVICTION       DATED    31.12.2022
                      PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND
                      JUDICIAL    MAGISTRATE     FIRST    CLASS    AT     MANDYA   IN
                      C.C.NO.1462/2020   AND     FOR     THE   OFFENCE    PUNISHABLE
                      UNDER SECTION 138 OF N.I ACT AGAINST THE APPELLANT /
                               -2-
                                           NC: 2024:KHC:17049
                                        CRL.A No. 831 of 2024




ACCUSED AND SET-ASIDE THE ORDER OF CRIMINAL APPEAL
NO.7/2023 DATED 06.03.2024 PASSED BY THE VI ADDITIONAL
DISTRICT AND SESSIONS JUDGE, MANDYA.

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

                          JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission of the court to withdraw the appeal

with a liberty to file a fresh petition, in accordance with

law.

Memo is accepted.

Criminal Appeal is dismissed as withdrawn with

liberty to file a fresh petition, in accordance with law.

Office is directed to return the certified copies of the

documents by retaining the Photostat copies of the same.

Sd/-

JUDGE

SNC

CT: BHK