Sri Lokesh D vs Sri K B Narasimhaiah
2024 Latest Caselaw 22145 Kant

Karnataka High Court

Sri Lokesh D vs Sri K B Narasimhaiah on 2 September, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                            -1-
                                                         NC: 2024:KHC:35707
                                                     CRL.P No. 6683 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 2ND DAY OF SEPTEMBER, 2024

                                          BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                            CRIMINAL PETITION NO. 6683 OF 2023


                   BETWEEN:

                   SRI LOKESH D.,
                   S/O LATE DODDA MARISHETTY
                   AGED ABOUT 50 YEARS,
                   RESIDING AT DURGESHWARI NILAYA
                   NO. 339, 2ND MAIN ROAD,
                   PANCHASHEELA NAGARA
                   MUDALAPALYA,
                   BENGALURU - 560 072.

                   DURGESHWARI GRANDIGE SHOP,
                   MUDALAPALYA CIRCLE
                   OPP.SOMESHWARA APARTMENT,
                   BENGALURU - 560 072.
Digitally signed
by NAGAVENI                                                   ...PETITIONER
Location: HIGH
COURT OF           (BY SRI SHRIDHARA K., ADVOCATE)
KARNATAKA
                   AND:

                   SRI K.B.NARASIMHAIAH
                   S/O LATE BAJJAPPA @ KENCHAPPA
                   AGED AOBUT 52 YEARS,
                   RESIDING AT: NO.488, 1ST MAIN
                   SANJEEVINAGAR
                   (PANCHASHEELANAGAR
                                -2-
                                              NC: 2024:KHC:35707
                                         CRL.P No. 6683 of 2023




BENGALURU - 560 072)
                                                   ...RESPONDENT


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C.,/ 528 OF BNSS PRAYING TO SET ASIDE THE ORDER
DATED 28.03.2023 IN C.C.NO.26935/2018 (ANNEXURE-A)
PENDING ON THE FILE OF XXIII ADDL.C.M.M., BENGALURU BY
ALLOWING THE APPLICATION U/S 91 OF CR.P.C. FILED BY THE
PETITIONER.



    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:    HON'BLE MR JUSTICE M.NAGAPRASANNA


                         ORAL ORDER

Learned counsel for the petitioner files a memo seeking

permission to withdraw the petition.

2. The memo reads as follows:

"The petitioners in the above matter respectfully submits that this petition has been filed challenging the order dated 28.03.2023 of the trial court dismissing the application filed by the petitioner U/s.91 of Cr.P.C. However the trial court already passed the judgment on 19.10.2023 convicting the petitioner for the offences p/u/s 138 of NI act. Hence the petitioner prays that this Hon'ble court may kindly be pleased to dispose the petition with liberty to file necessary application before the Appellate / sessions court u/s 91 Cr.P.C. Memo may be taken on record and pass necessary orders to meet the ends of justice."

NC: 2024:KHC:35707

In terms of the memo, the criminal petition is disposed as

withdrawn.

I.A.No.1/2023 is disposed, as a consequence.

Sd/-

(M.NAGAPRASANNA) JUDGE

NVJ