The criminal appeal challenging the acquittal of respondents in an offence under Section 138 of the Negotiable Instruments Act, 1881, was allowed by the beneficiary to withdraw the appeal. Consequently, the criminal appeal was dismissed as withdrawn.
The criminal appeal CRL.A No. 100226 of 2020 is dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.A No. 100226 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL APPEAL NO. 100226 OF 2020 (-)
BETWEEN:
DYANESHWAR CO-OPERATIVE CREDIT SOCIETY LTD., KINAYE TALUKA AND DISTRICT: BELAGAVI, REPRESENTED BY SHRI.ANANT SHANKARAO PATIL, AGE: 56 YEARS, OCC: SECRETARY, R/O: KINAYE, TALUKA ADND DISTRICT: BELAGAVI, PIN CODE: 590014.
…APPELLANT
(BY SRI. SANJAY S. KATAGERI., ADVOCATE)
AND:
SHRI.SHIVASAGAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT, UDAPUDI,
TQ: RAMDURG, DIST: BELAGAVI, PIN CODE: 591130.
Digitally signed by VIJAYALAXMI M BHAT Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. Date: 2022.12.17 15:44:34 +0530
SHRI.SHIVASAGAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT, UDAPUDI,
TQ: RAMDURG, DIST: BELAGAVI, PIN CODE: 591130.
…RESPONDENTS
THIS CRIMINAL APPEAL IS FILED U/S 378 (1) OF CR.P.C., PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND ORDER OF ACQUITTAL DATED 13/03/2020 PASSED BY THE JMFC-VI COURT, BELAGAVI, IN CRIMINAL CASE NO.1255/2017 (OLD C.C. NO.528/2016), (P.C.R.NO.126/2014), IN ACQUITTING THE ACCUSED / RESPONDENTS NOS.1 & 2 HEREIN BY ALLOWING THIS CRIMINAL APPEAL AND THEREBY CONVICTING THEM FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE NEGOTIABLE
CRL.A No. 100226 of 2020
INSTRUMENTS ACT, 1881, WITH COSTS BY ALLOWING THE SAID COMPLAINT AS IN CRIMINAL CASE NO.316/2019.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the appellant filed I.A No.1/2022 for withdrawing the appeal.
Perused the averments made in the affidavit filed in support of the application. Being satisfied with the cause shown in the application, I.A. No.1/2022 is allowed. Accordingly, the criminal appeal is dismissed as withdrawn.
Sd/JUDGE
PJ
List No.: 1 Sl No.: 5
DYANESHWAR CO-OPERATIVE CREDIT SOCIETY LTD., KINAYE TALUKA AND DISTRICT: BELAGAVI
THE SECRETARY SHRI.SHIVASAGAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT
THE PRESIDENT SHRI.SHIVASAGAR MULTIPURPOSE SOUHARD SAHAKARI NIYAMIT
S.Rachaiyah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
