Criminal appeal against acquittal where appellant bank sought conviction under Section 138 NI Act. Appeal was dismissed as it was withdrawn by the appellant due to amicable settlement and payment by the respondent.
Appeal dismissed on account of withdrawal of the appeal.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 20TH DAY OF JUNE 2019
BEFORE
THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL APPEAL NO.100041/2019
BETWEEN:
THE MAHALINGAPUR URBAN CO-OPERATIVE BANK LTD., MAHALINGAPUR, REPTD. BY ITS MANAGER, SHRI. S.R.HIKADI, MANAGER, AGED ABOUT 51 YEARS, OCC: MANAGER, R/O. MAHALINGAPUR, TQ. MUDHOL, DIST. BAGALKOT.
... APPELLANT
(By SRI. ARAVIND D. KULKARNI, ADVOCATE)
AND
HUSAINSAB S/O. ABDULSAB RAICHUR, AGED ABOUT 56 YEARS, OCC: BUSINESS, R/O. KENGERI MADDI, MAHALINGAPUR, TQ. MUDHOL, DIST. BAGALKOT-587101
... RESPONDENT
(RESPONDENT-SERVED)
: 2 :
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(4) OF CR.P.C. SEEKING TO ALLOW THE CRIMINAL APPEAL AND SET ASIDE THE JUDGMENT AND ORDEOR OF ACQUITTAL DATED 07.12.2018 PASSED BY THE ADDL. SENIOR CIVIL JUDGE & JMFC COURT, MUDHOL IN C.C.NO.130/2017; AND CONVICT THE RESPONDENT/ACCUSED FOR THE OFFENCES P/U/S 138 OF NEGOTIABLE INSTRUMENTS ACT AND TO DIRECT THE RESPONDENT/ACCUSED TO PAY DOUBLE THE CHEQUE AMOUNT AS COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the appellant has filed a memo of withdrawal of the appeal stating that the matter has been amicably settled between the parties and the respondent has already paid the entire amount relating to the cheque in question with the appellantBank.
The said memo has been placed on record.
: 3 :
Accordingly, the appeal is dismissed as
withdrawn.
Sd/JUDGE
*Svh/-
2 provisions across 2 enactments
The Mahalingapur Urban Co-Operative Bank Ltd.
Husainsab S/o. Abdulsab
B.A.Patil
As recorded by the court registry
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